An appeal court on Wednesday argued that a mechanic's family was crushed to death when repairing a machine at a plywood factory in North Carolina cannot sue in civil damages associated with his death because he was a "special employee" of the company operating the plant, and therefore, state legislation follows that the case is for the employee's compensation.
Referring to exclusive remedies, the Court of Appeal in North Carolina classified William Belk as an employee of the Boise Cascade Wood Products LLC factory after he was employed by Arotek Inc. Staffing Agency, which his family had claimed workers compensation benefits from following the accident in September 201
Mr. Belk's family, after applying for complication, filed a suit against the plywood company, including the defendant. Boise Cascade was filed for summary judgment and dismissal in the court of law, which denied its proposals. The appeal court, in turn, cited "uncontested evidence" that Mr Belk was employed by the timber company.
"We conclude that there were no real factual questions as to whether Belk was a special loan employed by Boise Cascade. Even in view of the evidence in the light that is most favorable to Plaintiff, we claim that the evidence finally showed that Mr. Belk was a special employee of the Boise Cascade, the exclusive jurisdiction of the plaintiff's claims is dormant in the industrial commission, not the trial, "the ruling states of Tuesday."
An attorney for the Belk family could not immediately be reached for comments.