98-12562-64683. Grantham v. T.T.C., Inc.

Case DateJanuary 25, 2005
CourtMississippi
Mississippi Worker Compensation 2005. 98-12562-64683. Grantham v. T.T.C., Inc REBEKAH LEE GRANTHAM, CLAIMANT vs. T.T.C., INC., EMPLOYER AND CREDIT GENERAL INSURANCE COMPANY CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 98-12562-64683 (IN LIQUIDATION) Representing Claimant: John Hunter Stevens, Esquire, Jackson, MS Representing Employer/Carrier: Clifford Ammons, Esquire, Jackson, MS FULL COMMISSION ORDER This matter was heard by the Commission on December 13, 2004 pursuant to a Petition for Review filed by the Claimant. This Petition for Review was prompted by an Order of Administrative Judge dated March 9, 2004 which dismissed Ms. Grantham's claim on the basis that the Commission has no jurisdiction. We reverse and remand. I. The Claimant first filed a Petition to Controvert on January 21, 1999 claiming that she suffered a compensable injury on August 12, 1998 while employed by Master-Trans f/k/a Sharp Hwy Systems, an employer based in Eupora, MS. This Petition clearly named Master-Trans/Sharp Hwy Systems as the employer. On February 2, 1999, an Answer was filed which listed the Employer as T. T. C., Inc., and the Carrier as Credit General Insurance Company. This Answer admitted that an employer-employee relationship existed between Grantham and T. T. C., it admitted that the parties named therein were subject to the Mississippi Workers' Compensation Law at the time ofthe injury, and it admitted that the injury to Grantham was compensable under the Mississippi Workers' Compensation Law. In fact, we take judicial notice of the fact that on September 21, 1998, the injury to Ms. Grantham was reported to the Commission by T.T.C., Inc. and Credit General Insurance Company via the Commission's approved First Report of Injury or Occupational Disease form. This form states that T. T. C. is an employee leasing company, and it accurately reports the date, time, place and nature of Grantham's injury. Also on September 21, 1998, T.T.C. and Credit General filed a Notice of First Payment of T.T.D. Benefits with the Commission showing that Grantham was receiving temporary disability benefits under the Mississippi Workers' Compensation Law for her August 12, 1998 injury. In August 1999 the Claimant, and T.T.C. and Credit General, filed their respective Pretrial Statements with the Commission. At that time, the...

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