Diaz v. Smith

HUNTER, Robert C., Judge.

Plaintiff Ricardo Diaz 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 workers’ compensation insurance policy had been effectively cancelled by defendant-carrier Travelers Indemnity Company. We agree with plaintiff’s contention that the Commission applied the notice requirements of the incorrect statute in determining whether Smith’s insurance policy was properly cancelled. Accordingly, the Commission’s opinion and award is reversed and…