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Kimbrough v. Fowler's Pressure Washing, LLC

Court of Appeals of Mississippi

March 10, 2015

JAMES KIMBROUGH, APPELLANT
v.
FOWLER'S PRESSURE WASHING, LLC AND AMFED CASUALTY INSURANCE COMPANY C/O AMFED COMPANIES, LLC, APPELLEES; JAMES KIMBROUGH, APPELLANT
v.
FOWLER'S PRESSURE WASHING, LLC AND AMFED NATIONAL INSURANCE COMPANY, APPELLEES

TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS' COMPENSATION COMMISSION. DATE OF JUDGMENT: 02/27/2014. TRIBUNAL DISPOSITION: AFFIRMED ADMINISTRATIVE JUDGE'S DISMISSAL BASED ON THE FINDING THAT CLAIMANT WAS ENGAGED IN MARITIME EMPLOYMENT AND ENTITLED TO LONGSHORE AND HARBOR WORKERS' COMPENSATION. TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS' COMPENSATION COMMISSION. DATE OF JUDGMENT: 08/15/2012. TRUBUNAL DISPOSITION: AFFIRMED ADMINISTRATIVE JUDGE'S STAY IN THE PROCEEDINGS UNTIL THE DETERMINATION OF CLAIMANT'S STATUS IN LONGSHORE AND HARBOR WORKERS' COMPENSATION CLAIM.

FOR APPELLANT: ROBERT E. O'DELL.

FOR APPELLEES: JEFFREY STEPHEN MOFFETT, JEREMY THOMAS ENGLAND.

BEFORE LEE, C.J., ISHEE AND FAIR, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 610

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

NATURE OF THE CASE: WORKERS' COMPENSATION

LEE, C.J.:

[¶1] James Kimbrough appeals the judgment of the Mississippi Workers' Compensation Commission (the Commission) dismissing his claim based on a finding that he was engaged in maritime employment and not entitled to state benefits. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

[¶2] On September 20, 2010, Kimbrough was injured while working for Fowler's Pressure Washing LLC, a subcontractor of Patriot Environmental Services Inc. He was pressure washing oil from vessels when he slipped on loose gravel and injured his knee. He ultimately had to have a total knee replacement. During physical therapy manipulation of his knee, he suffered an injury to his lumbar spine. Kimbrough received benefits from AmFed Casualty Insurance Company, Fowler's workers' compensation coverage carrier. In 2011, Kimbrough filed a claim for benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA) against Patriot. Upon learning that Kimbrough

Page 611

had filed a claim under the LHWCA, AmFed suspended benefits.

[¶3] Kimbrough filed a petition to controvert with the Commission on December 6, 2011. He also filed a motion to compel payment of benefits that same day. After a review of all the pleadings, the administrative judge (AJ) found that the Mississippi Workers' Compensation Act (MWCA) did not apply to maritime employment and that Fowler's did not assume coverage of Kimbrough by virtue of having paid for a state workers' compensation insurance policy. The AJ stayed the case until the United States Department of Labor determined whether Kimbrough was engaged in maritime employment. Kimbrough ...


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