LexisNexis® Legal Newsroom
TN: Court Rules Companies Subcontracting Part of Principal Business Immune From Negligence Claims by Subcontractor Employees

Memphis, TN (CompNewsNetwork) - On May 28, 2010 the Tennessee Court of Appeals issued its decision in Griffith v. Jellico Community Hospital, Inc., holding that Jellico qualified as a principal contractor (and thus a statutory employer) to an employee of a subcontractor (Aramark) that maintained Jellico’s...

Missouri: Hair Dresser Killed at Salon Receives No Benefits

Claimant worked at a Kansas City, Missouri hair salon and cut hair. He was at home with his two small children in April 2009 when another hair dresser asked him to cover his appointments. When he arrived at the salon, an unknown robber shot him in the upper abdomen and the claimant died later the same...

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal, No. SC 91834, 2012 Mo Lexis 109 (June 12, 2012) ....

The Future of Exclusive Remedy: Does the Doctrine Still Protect Employers?

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, 2012, Thomas A. Robinson, author and primary upkeep writer for Larson’s Workers’ Compensation Law , will speak and moderate on The Future of Exclusive Remedy . Exclusivity: The Heart of...

Larson’s Spotlight on Recent Cases: Mental Injury Claim Related to Depression From Inability to Return to Work

Larson's Spotlight on Mental Injury, Termination of Employment, Substantial Certainty, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Idaho: Statutory Employer Not Liable for Comp Payments When Injured Worker’s Employment by Direct Employer Deemed “Casual”

Acknowledging that the concept of a statutory employer is to prevent an employer from avoiding liability under the workers’ compensation statutes by sub-contracting the work to others, the Supreme Court of Idaho recently held nevertheless that a statutory employer is not liable for worker's...

Federal: Tennessee Employee May Not Sue Statutory Employer for Work-Related Injury

Noting that Tennessee courts have held that the exclusive remedy rule protects statutory employers from tort claims by employees of their subcontractors for injuries covered by the Tennessee workers' compensation act, even if the immediate employer pays the entire workers' compensation claim...

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions in connection with the...

Federal: Resort Is Statutory Employer of Staffing Company’s Parking Attendants

A parking attendant, who worked for a staffing company that contracted with a resort hotel to supply workers for valet parking is barred by the exclusive remedy doctrine from suing the resort in tort for injuries he sustained when he slipped on water while on his way to retrieve a parked vehicle; the...

Federal: Non-Operating Partner in Joint Venture Qualified as Statutory Employer of Injured Worker

A divided U.S. Court of Appeals for the Fifth Circuit held that a non-operating partner in a joint-venture qualifies as a “statutory employer,” as that term is used in the Louisiana Workers’ Compensation Act, even though the operating partner signed a contract with the other joint venturer...

Florida: Premises Owner That Contracts With Cleaning Service Is Not Statutory Employer

Where a health care system (“the system”) owned a children’s clinic and contracted with a service company for the latter to provide cleaning services at the clinic, the system was not the statutory employer of the service company’s employees. Accordingly, where a service company...

Texas: Manufacturer Was Statutory Employer of Worker Supplied by Personnel Staffing Firm

Where a worker was employed by a subcontractor who supplied staff to an employer that set the worker’s schedule, assignments, and training, the employer was the worker’s statutory employer and, since it was a workers’ compensation subscriber, the employer was immune from suit following...

Federal: Building Materials Supplier is Statutory Employer of Truck Driving Making Deliveries

Where a truck driver was employed by a trucking company that, in turn, contracted with a building materials supplier to provide delivery services related to materials purchased at the supplier’s stores, the building materials supplier was the driver’s statutory employer for purposes of the...