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Jackson County School District v. South Mississippi Workers Compensation Fund

October 27, 1998

JACKSON COUNTY SCHOOL DISTRICT APPELLANT
v.
SOUTH MISSISSIPPI WORKERS COMPENSATION FUND APPELLEE



Before Bridges, C.j., Coleman, And Herring, JJ.

The opinion of the court was delivered by: Bridges, C.j., For The Court.

DATE OF JUDGMENT: 02/10/97

TRIAL JUDGE: HON. BILL JONES

COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: APPELLANT ORDERED TO PAY ASSESSMENT

¶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.

ΒΆ5. 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, ...


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