Jackson County School District v. South Mississippi Workers Compensation Fund

727 So. 2d 727, 1998 Miss. App. LEXIS 918, 1998 WL 744730
CourtCourt of Appeals of Mississippi
DecidedOctober 27, 1998
DocketNo. 97-CC-00412 COA
StatusPublished
Cited by3 cases

This text of 727 So. 2d 727 (Jackson County School District v. South Mississippi Workers Compensation Fund) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson County School District v. South Mississippi Workers Compensation Fund, 727 So. 2d 727, 1998 Miss. App. LEXIS 918, 1998 WL 744730 (Mich. Ct. App. 1998).

Opinion

BRIDGES, C.J.,

for the Court:

¶ 1. This is an appeal from an order of the Circuit Court of Jackson County entered February 10, 1997, affirming the June 20, 1996 order of the Mississippi Workers’ Compensation Commission directing the Jackson County School District to pay immediately the assessed amount of $58,218 to the South Mississippi Workers’ Compensation Fund. Aggrieved, the Jackson County School District appeals, assigning the following as error:

1. Whether the Jackson County School District owed the monies assessed against it to the South Mississippi Workers’ Compensation Fund;
2. Whether the Jackson County School District was a member of the Fund since the Fund failed to have the District execute the necessary documents in order to become a member and failed to get the Board’s approval to enter into the indemnity agreement or adopt a resolution necessary for this entry;
3. Whether the Fund’s attempt to execute on a document which was not final was an abuse of process, and whether the Fund’s attempt to extort the monies from the District based on a document which was not final was an abuse of process.
¶ 2. We find these issues to be procedurally barred. Accordingly, we affirm.

STATEMENT OF THE FACTS

¶ 3. The Board of Trustees of the South Mississippi Workers’ Compensation Fund (“Fund”) voted to discontinue operations and cease providing workers’ compensation coverage effective July 1, 1995. As the regulatory body responsible for the certification and regulation of self-insurance pursuant to Miss.Code Ann. § 71-3-75 (Rev.1995), the Mississippi Workers’ Compensation Commission (“MWCC” or “Commission”) by order dated July 11,1995, directed:

(1) that the Fund continue in operation under the Certificate of Authority previously granted the Fund by the MWCC;
(2) that the Fund be placed under new management and continue its operations until such time as all claims, whether presently known or unknown, which are accrued through June 30, 1995 are resolved in accordance with the Workers’ Compensation Law and rules of the Commission;
(3) that the Fund provide no new workers’ compensation coverage on or after July 1, 1995, or assume no new liabilities or obligations, other than absolutely necessary to wind up the business of the Fund as to accrued claims;
(4) that the workers’ compensation coverage of existing Fund members not be extended beyond June 30,1995; and
(5) that said members secure replacement coverage for any accidents, injuries or illnesses accruing on or after July 1, 1995.

¶ 4. To administer the Fund, the Commission appointed a new Board of Trustees (“Board”), giving the Board full powers and duties necessary to carry out the purpose of the July 11, 1995 order and to wind up the affairs of the Fund, consistent with Workers’ Compensation Law, MWCC General Rule 7, the applicable Certificate of Authority and the existing by-laws of the Fund. The change in management of the Fund was effective as of the date of the order.

[729]*729¶ 5. The Commission also designated an actuarial consultant to provide actuarial and related consulting services, and a certified public accountant to render financial, auditing, and related consulting services as may be required by the Fund or the Commission. Mississippi Municipal Service Company was designated as the service company to fulfill the intent of the order, including but not limited to, claims adjustment, collection of assessments and fees, and any other service necessary to the successful administration of the Fund.

¶ 6. Further, the order stated that “[a]ll members of the group whose membership therein has been terminated effective July 1, 1995 shall remain jointly and severally liable for workers’ compensation obligations of the group and its members which were incurred or accrued during the members’ period of membership.”

¶ 7. A chronology of events pertinent to the present case follows:

On September 28,1995, the Jackson County School District (“School District”), a Fund member since 1993, was advised that loss projections and recommendations on the assessment of each member to meet the deficit and close the books of the Fund for the Board’s adoption was being developed by the service company, certified public accountant, and actuary.

On November 17,1995, School District was notified of the adoption of a three-year assessment plan based on the projected ultimate losses of all members for the years of membership in the Fund including the short 1995 year period. The School District’s assessment of $58,218 was allocated on the percentage of premium paid in each policy period. Included with the notice of the adoption of the plan was an invoice showing (a) the School District’s total assessment as a Fund member; (b) any underpayment (overpayment) of audited premium shown as a debit (credit) against the assessment; and (c) the percentage of the total assessment due within thirty days from the date of invoice.1

On November 29,1995, School District was notified that the Board would answer questions concerning the assessment at a meeting with Fund members on December 5, 1995. The record is silent as to whether a School District representative attended the meeting.

On March 13, 1996, the Board attorney, Billy W. Hood, advised the School District by certified mail to Dale Rivers that the 1996 assessment levied against the School District was past due and demanded immediate payment of the $58,218 assessment. Jackson County School District did not respond to the letter.

On April 3, 1996, the Board, through its attorney, notified the Commission that three Fund members, including Jackson County School District, had outstanding assessments.

On April 8, 1996, Hood informed the School District that the matter was being turned over to the MWCC for further action.

On April 23, 1996, the Commission, at the request of the Board of Trustees of the Fund, directed and ordered the School District to pay the assessments levied against it by the Board, or to appear before the Commission on May 30, 1996 to show cause why payment had not been tendered and why further action should not be taken by the Commission to enforce or compel payment of these amounts.

On May 30, 1996, the representatives of the three delinquent member entities were given the opportunity to argue before the Commission the liability of each delinquent member for the premium assessments. The Jackson County School District was represented by Jim Lucas at the show cause hearing.2

¶ 8. In its order of June 20, 1996, the Commission found:

Jackson County School District
By letters dated April 8 and 9,1996, the Board of Trustees for the Fund again notified this District that its 1996 assessment in the amount of $58,218.00 was past due. It demanded payment immediately and [730]*730further advised that the matter of their delinquency was being turned over to the Commission for further action.

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727 So. 2d 727, 1998 Miss. App. LEXIS 918, 1998 WL 744730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-county-school-district-v-south-mississippi-workers-compensation-missctapp-1998.