Pearson v. City of Greenville
Pearson v. City of Greenville
Opinion of the Court
The question here is whether a municipality, exempted from coverage under the Workmen’s Compensation Act
Appellant, Elbert Pearson, was employed by appellee, City of Greenville, Miss., in its garbage collection department. He worked wholly within the city limits, and while so doing allegedly received on February 18, 1959, an accidental injury arising out of and in the course of employment. He filed with the Workmen’s Compensation Commission a claim for compensation benefits.
Appellee moved to dismiss the claim, because it was exempted under Sec. 3, being Miss. Code 1942, Rec., Sec. 6998-03. That statute exempts state agencies and subdivisions from its coverage, but allows them to elect to come within it: “Employers exempted by this section may come within the act by insuring, posting notice on their premises, and notifying the Workmen’s Compensation Commission that they have accepted the provisions of the law.” Appellees’ motion to dismiss averred that it had never accepted the provisions of the act or made such election.
Approximately seven miles southwest of the corporate limits of Greenville is the Greenville-Lake Village Bridge over the Mississippi River. Under special statutory authority, the city owns and operates this bridge. All operations and duties in connection with it are performed at the site of the bridge. Miss. Laws 1938, Ch. 283; Miss. Laws 1938, Extraordinary Session, Chs. 72, 75. The motion to dismiss averred that Pearson worked in the sanitation department wholly within the corporate
There was a hearing on this motion to dismiss. The City has not elected to come within the act as to its employees working in the city. No signs have been posted on city property of an election, and no notice given to the Commission. The compensation insurance policy purchased by the city covers only the “specific operation of Greenville-Lake Village Bridge over the Mississippi River.” Premiums are based upon the payroll for the few employees on the bridge operation. Since 1950, Greenville has purchased insurance to this limited extent. Apparently the operating engineers of the bridge and the bondholders required such specific insurance on bridge employees.
The attorney-referee found that claimant had never been an employee at the bridge; that no election as required by Sec. 3 was ever made by the City, and therefore Pearson was not covered. The Commission adopted this decision, and the circuit court affirmed its order.
The City of Greenville is exempt from compulsory coverage under the act, and it has made no election voluntarily to come within it. The evidence is uncontradicted to this effect. However, appellant asserts that Sec. 33 (a) has the effect of extending coverage to all employees of the city. Code Sec. 6998-39. It provides: "Every contract for the insurance of the compensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions of this act, and provisions thereof inconsistent with the act shall be void. Such contract shall be construed to grant full coverage of all liability of the assured under and according to the provisions of
We do not think that the specific coverage of bridge employees, required by the bridge engineers and bondholders, had the effect of constituting an election by the city to waive its exemption from the Workmen’s Compensation Act. Sec. 3 prescribes specific steps to be taken by a municipality to come under the statute. The notice given to the Commission by the insurance carrier of the compensation insurance policy purchased for the bridge operation specifically states under “Locations Covered” that it is confined to operation of the bridge. It was not given by the City. With reference to general municipal employees, within the corporate limits, the governing body of appellee has not taken any action of election to adopt the act, has not posted any such notice on the premises, or notified the Commission that the City accepts the provisions of the law.
Sec. 3 deals with the coverage and exemptions from coverage. Sec. 33 pertains to the terms of the insurance contract. Such compensation insurance, by that provision, is construed to grant full coverage of all liability “under and according to the provisions of the Act.” Insurance policies “shall be deemed to be made subject to the provisions of this Act.” Hence Sec. 33 renders in pari materia the exemption clause of Sec. 3. It does not change the requisites for a voluntary election of coverage. Those requirements must still be met.
Moreover, the bridge operation of the City, in addition to being seven miles from the corporate limits, is an entirely separate and distinct function, specifically authorized by statute, and not directly related to municipal functions in the corporate limits. The purchase of compensation insurance for bridge employees, required by the bridge engineers and bondholders, and specifically
Pertinent to this interpretation of exemption from compensation coverage is Eaton v. Joe N. Miles and Sons, 238 Miss. 605, 119 So. 2d 359 (1960). When defendants purchased their farm in 1951 they obtained compensation insurance for farm laborers, but subsequently discontinued it. They did not post notice of an election to come under the act, and gave no notice to the Commission. Defendants also operated a sawmill, and upon those employees they had compensation coverage. Claimant was injured while working on the farm. He argued that Sec. 33 had the effect of extending that insurance to him. The Court rejected this contention, since appellees had not elected to bring exempted farm laborers under the act. It was said that Sec. 33 has reference “to the force and effect of insurance provided for under the Act, (and) has no application.” The Court noted the requisites for election of coverage were not complied with. It declined to hold that appellees surrendered their exemption. For this result, “the intention of the exemptionist must be reasonably clear and certain.” See also Wilkins v. Wood, 229 Miss. 553, 91 So. 2d 560 (1956).
Affirmed.
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