98-12562-64683. Grantham v. T.T.C., Inc.
Case Date | January 25, 2005 |
Court | Mississippi |
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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