McCrimon v. Red Arrow Car Wash and Fidelity & Cas. Co. of NY
| Docket Number: | 2002-WC-01606-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-07-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Form B-31 - Statute of limitations Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 05-21-2001 Appealed from: Hinds County Circuit Court Judge: James Graves, Jr. Disposition: AFFIRMED THE DECISION OF THE FULL COMMISSION. Case Number: 251-00-262 CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Roger McCrimon |
KENNETH S. WOMACK |
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| Appellee: | Red Arrow Car Wash and Fidelity & Casualty Company of New York | ROGER C. RIDDICK |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Workers’ compensation - Form B-31 - Statute of limitations |
| Summary of the Facts: | After Roger McCrimon was injured while working for Red Arrow Car Wash, he agreed to a 9(i) settlement of his workers' compensation claim for $40,000 and signed a release and Form B-31. Subsequently, a revised Form B-31 was filed. This form was not signed by McCrimon and was instead forwarded to his last known address. McCrimon filed a motion to reopen his claim and a petition to controvert alleging that there was a mistake of fact regarding the settlement, that his physical condition significantly worsened after the settlement and that the claim was not barred by the one-year statute of limitations. The administrative law judge reopened the claim, but the Commission reversed that decision. This decision was appealed to the circuit court which affirmed the decision of the Full Commission. McCrimon appeals. |
| Summary of Opinion Analysis: | McCrimon argues that the Commission erred in finding that the one- year statute of limitations began to run when the first Form B-31 was filed and that nothing had happened after this filing that would have stopped the running of the statute of limitations. The statute of limitations for a completed and signed Form B-31 begins to run upon the filing of the form with the Commission. For complete but unsigned forms, the one-year statute of limitations begins to run when the claimant is notified by the employer that the unsigned form has been filed with the Commission. If, after the proper filing of the Form B-31, additional medical expenses are provided, the running of the one- year statute of limitations ceases, and will begin to run after a new Form B-31 is properly filed. McCrimon presented no evidence demonstrating that additional benefits were furnished or provided after the filing of the first Form B-31. The revised Form B-31 was submitted to correct errors in the amount of medical expenses reported on the first Form B-31. The only differences between these two forms concerned these numbers. McCrimon understood the implications of his settlement and he was not denied due process. |
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