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Stressing there was a distinction between control over the workplace, on the one hand, and control of the worker, on the other, the Court of Appeals of Maryland reversed a decision of lower appellate court that had concluded Tyson Farms was a co-employer of worker at a Maryland poultry farm who sustained injuries in a work-related accident. The local farm turned out to be uninsured and the state's Uninsured Employers' Fund impleaded Tyson Farms, contending that it controlled the day-to-day activities of the worker and, accordingly, should be responsible for any workers' compensation benefits. After a two-day jury trial, the jury returned a finding that Tyson Farms was not a co-employer, but a divided Court of Special Appeals later determined, as a matter of law, that Tyson Farms was an employer. After that decision was appealed to the Court of Appeals, the Court observed that even when the evidence was not contradicted, if there were conflicting inferences that could be drawn from the evidence--as was the case here, said the high court--the question was to be determined by the jury as a question of fact, and not by the court. The jury had done its job and the majority of the lower appellate court was in error.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Tyson Farms, Inc. v. Uninsured Employers’ Fund, 2020 Md. LEXIS 591 (Nov. 20, 2020)
See generally Larson’s Workers’ Compensation Law, § 60.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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