Diaz v. Smith

HUNTER, Robert C., Judge.

Plaintiff Ricardo Diaz (“plaintiff’) appeals from the Industrial Commission’s opinion and award in which it awarded plaintiff workers’ compensation benefits, but concluded that defendant-employer Jerry Mark Smith’s (“Smith”) workers’ compensation insurance policy had been effectively cancelled by defendant-carrier Travelers Indemnity Company (“Travelers”). This case was originally decided 5 April 2011. See Diaz v. Smith, S.E.2d 424 (2011). We held that the Commission applied the notice requirements of the incorrect statute in determining whether Smith’s insurance…