A contracted truck driver who was attacked by a paper businessman in a warehouse cannot sue the company for negligence, as the exclusive measure prevents the statutory worker from suing after a workplace injury, a Missouri court of appeals ruled Tuesday.
Robby Sebacher, a truck driver for CRH Transportation, was attacked by a Midland Paper Company employee while visiting a warehouse as part of CRH's contract with Midland Paper, which he sued after the incident, accusing it of being "negligent". when he did not supervise and train (his attacker) and keep him as an employee, ”documents in Robby Sebacher, v. Midland Paper Company, filed in the Court of Appeal of Missouri, Eastern District, Division Four of St. . Louis.
In his defense, Midland stated that it was immune from the lawsuit, as the Workers' Compensation Act dictated that Mr. Sebacher was a statutory employer, per court documents. A district court subsequently granted a request for summary judgment according to documents.
The Board of Appeal confirmed and wrote that state law defines a statutory employer as “any person who has performed work under contract in or around his premises which is an operation of the ordinary activities he carries out there shall be considered an employer and shall under this chapter be liable to such contractor, his subcontractors and their employees, when they are injured or killed on or around the employer's premises while performing work that is common to his business. [