Federal: Since Contractor Was Required to Insure, Federal Government Was Immune From Tort Action

Affirming a decision of a federal district court, the Fifth Circuit Court of Appeals recently held that the United States could assert the exclusive-remedy provision of the Texas Workers’ Compensation Act [Tex. Lab. Code § 408.001(a)] against an injured contractor's worker since under the contract, the contractor was required to, and did, provide workers' compensation coverage to the worker. The U.S. was a “statutory employer” under state law and was shielded from liability.  The district court, therefore, did not have subject-matter jurisdiction over the plaintiff’s claims.

Reported by Thomas A. Robinson, J.D.

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See Willoughby v. United States, 2013 U.S. App. LEXIS 19191 (5th. Cir., Sept. 17, 2013) [2013 U.S. App. LEXIS 19191 (5th Cir., Sept. 17, 2013)]

See generally Larson’s Workers’ Compensation Law, § 111.04 [111.04]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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