Patterson v. Markham & Associates

474 S.E.2d 400, 123 N.C. App. 448, 1996 N.C. App. LEXIS 859
CourtCourt of Appeals of North Carolina
DecidedAugust 6, 1996
DocketNo. COA95-653
StatusPublished
Cited by4 cases

This text of 474 S.E.2d 400 (Patterson v. Markham & Associates) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patterson v. Markham & Associates, 474 S.E.2d 400, 123 N.C. App. 448, 1996 N.C. App. LEXIS 859 (N.C. Ct. App. 1996).

Opinion

WYNN, Judge.

On 11 December 1992, plaintiff Tracy Patterson suffered an injury by accident arising out of and in the course of his employment when [450]*450he fell from a scaffold while working for defendant Markham & Associates (“Markham”). Plaintiffs accident occurred on a project that defendant Sunstar Homes (“Sunstar”) — the principal contractor — had subcontracted Markham to perform carpentry work on the Village Lake Subdivision in Wake County, North Carolina. The contract required Markham to carry workers’ compensation insurance.

Prior to the time of the contract, Markham had applied for workers’ compensation insurance from the Vardell Godwin Insurance Agency (“Godwin”) and through Godwin, Markham purchased insurance from the North Carolina Home Builders Trust (“Home Builders”), a self insurance fund serviced by Consolidated Administrators (“Consolidated”). To fulfill Markham’s contractual obligation with Sunstar, Godwin mailed Sunstar a certificate indicating insurance coverage for Markham from 1 April 1992 until 1 April 1993. Under the terms of the Home Builder’s agreement with Godwin, upon sending a certificate of insurance on behalf of a subcontractor, Godwin was required to send a copy of the certificate to Consolidated. However, Godwin did not send Consolidated a copy of the certificate of insurance that it sent to Sunstar.

In July of 1992, Consolidated notified Markham that its workers’ compensation insurance would be terminated on 7 August 1992, due to Markham’s failure to pay the policy premiums in a timely fashion. In response, Markham paid the past due bill in full and the insurance remained in effect. In September of 1992, Consolidated sent Markham another notice of termination stating that the insurance coverage would be terminated effective 3 October 1992, again due to Markham’s failure to pay the premiums. Once again, Markham paid the past due bill in full and the coverage remained in effect. In November of 1992, Consolidated sent another notice of termination to Markham stating that the insurance would be terminated effective 3 December 1992 for failure to pay premiums. This time, however, Markham did not send in the past due premiums in a timely fashion; thus, Consolidated notified Markham that its insurance coverage through Home Builders terminated on 3 December 1992.

Eight days after Home Builders terminated Markham’s insurance coverage, plaintiff suffered the injury which led to the instant action.

In February of 1993, after discovering that Markham’s insurance coverage had lapsed, plaintiff filed a claim with the Industrial Commission seeking worker’s compensation benefits. Plaintiff named Markham, Sunstar, Consolidated and Home Builders as defendants, [451]*451contending that these parties were liable for payment of workers’ compensation benefits due to the failure by Consolidated to notify Sunstar that Markham’s insurance coverage lapsed.

Deputy Commissioner Tamara R. Nance dismissed the claims against Home Builders (and its administrator, Consolidated) and Sunstar and found Markham liable for all of plaintiff’s injuries. The Full Commission (“Commission”) modified and affirmed the decision of the Deputy Commissioner and found that Markham alone was liable for plaintiff’s workers’ compensation benefits. From this decision, plaintiff appealed.

The issues on appeal are (I) whether the Commission erred in finding that Sunstar was not a statutory employer under N.C. Gen. Stat. § 97-19 (1991) and (II) whether the Commission erred in finding that Markham was solely liable for worker’s compensation benefits due to plaintiff. We affirm the Commission’s decision on both issues.

We note at the outset that findings of fact made by the Industrial Commission are conclusive on appeal if supported by competent evidence. N.C.G.S. § 97-86; Hansel v. Sherman Textiles, 304 N.C. 44, 49, 283 S.E.2d 101, 104 (1981). This is so even if there is evidence which would support a finding to the contrary. Id. Hence, on appeal, this Court is limited to two inquiries: (1) whether any competent evidence exists before the Commission to support its findings of fact; and (2) whether the findings of fact of the Commission justify its legal conclusions and decision. Id.

I.

Plaintiff first contends, in essence, that the Commission erred by finding that Sunstar was not a statutory employer under N.C.G.S. § 97-19. We disagree.

The “statutory employer” statute, N.C.G.S. § 97-19, provides in relevant part:

Any principal contractor, intermediate contractor, or subcontractor who shall sublet any contract for the performance of any work without requiring from such subcontractor or obtaining from the Industrial Commission a certificate, issued by a workers’ compensation insurance carrier, or a certificate of compliance issued by the Department of Insurance to a self-insured subcontractor, stating that such subcontractor has complied with G.S. 97-93 hereof, shall be liable ... to the same ex[452]*452tent as such subcontractor would be if he were subject to the provisions of this Article for the payment of compensation and other benefits under this Article .... If the principal contractor, intermediate contractor or subcontractor shall obtain such certificate at the time of subletting such contract to subcontractor, he shall not thereafter be held liable to any such subcontractor, any principal or partner of such subcontractor, or any employee of such subcontractor for compensation or other benefits under this Article ....

(emphasis supplied).

To become a statutory employer under N.C.G.S. § 97-19, two conditions must be met. “First, the injured employee must be working for a subcontractor doing work which has been contracted to it by a principal contractor. Second, the subcontractor does not have workers’ compensation insurance coverage covering the injured employee.” Rich v. R.L. Casey, Inc., 118 N.C. App. 156, 159, 454 S.E.2d 666, 667, disc. review denied, 340 N.C. 360, 458 S.E.2d 190 (1995). If these conditions are met, then the principal contractor is a statutory employer and can be held liable for the payment of compensation and other benefits.

In the subject case, the Commission made the following relevant findings of fact:

4. On 13 September 1992, Markham entered into a contract with Sunstar Homes to perform work as a framing subcontractor. In that contract Markham agreed to furnish Sunstar certificates of insurance covering workers’ compensation and general liability....
7. The Vardell Godwin Insurance Agency was a field representative for North Carolina Home Builders Self-Insurance Fund .... [T]he Godwin Agency was an agent of Home Builders for the purpose of issuing certificates of insurance which would reflect coverage by Home Builders. The field services agreement required that the Godwin Agency furnish Consolidated Administrators with a copy of every certificate of insurance it issued. This was to enable Consolidated Administrators to notify the certificate holder if coverage was canceled before expiration of the policy term .... The certificate, on its face, disclaims any duty or [453]

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Bluebook (online)
474 S.E.2d 400, 123 N.C. App. 448, 1996 N.C. App. LEXIS 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-markham-associates-ncctapp-1996.