Employer/Carrier Wins Based on Statute of Limitations

In October of 2020, Ms. Loraleigh C. Phillips successfully argued for the dismissal of a workers’ compensation case brought by Claimant Kyle Maurice Carter against his own brick laying company, and won the case at Trial with a zero dollar defense verdict based upon the statute of limitations. On May 14, 2019, the claimant filed a Petition to Controvert alleging he injured his left arm, elbow and hand on April 12, 2017, while working for employer as a bricklayer for his own company, TKO Masonry. The Claimant is the owner of the named Employer herein, TKO Masonry, and as such, has brought this claim against his own company and its workers’ compensation insurer. The Employer/Carrier asserted the affirmative defense that the two year statute of limitations applied and denied the claim. The Claimant brought this claim in attempts to cash in on his own workers’ comp policy (which was cancelled for lack of payment) for permanent and total settlement value ($215,019) plus sought additional medical benefits including surgery. The Claimant tried to argue that he paid himself wages “in lieu of compensation” so as to toll the statute and bring the claim after the 2 year statute of limitations ran. Ms. Phillips called several witnesses to testify including a CPA expert retained to performed forensic accounting. Ultimately, the Administrative Judge found that the Claimant failed to meet his burden of proof to show that he was paid wages “in lieu of compensation” by the Employer. The Claimant also argued he had suffered a “latent injury” in attempts to toll the statute of limitations from running. Neither of those arguments held water with the Administrative Judge. Having heard all of the testimony and reviewed the evidence, the Administrative Judge issued his Order of November 24, 2020, dismissing the claim with prejudice based upon the running of the two year statute of limitations. Upon appeal, the Mississippi Workers’ Compensation Full Commission upheld the defense verdict, the denial and dismissal of the claim.