Morales, Noe Jimenez v. Mirage Construction , 2017 TN WC 89 ( 2017 )

FILED
TN COURI'OF
ll\ OR.li.':I.R S' CiOMPl.NS.ATION
477 S.W.3d 235, 265 (Tenn.
2015).
NVR relies on Tennessee Code Annotated section 50-6-113(a) (2016), which
provides that a "principal contractor, intermediate contractor or subcontractor shall be
liable for compensation to any employee injured while in the employ of any of the
subcontractors of the principal contractor, intermediate contractor or subcontractor and
engaged upon the subject matter of the contract to the same extent as the immediate
employer." Further, "Every claim for compensation under this section shall be in the first
instance presented to and instituted against the immediate employer[.]" !d. at § 50-6-
113(c).
In Murray v. Goodyear Tire & Rubber Co., the Supreme Court explained the
policy underpinning the statutory employer provision as follows:
In essence, the Act creates "statutory employers" in situations where
injured workers are unable to recover compensation from their immediate
employers. The purpose of this provision is to protect employees of
irresponsible and uninsured subcontractors by imposing ultimate liability
on the presumably responsible principal contractor, who has it within his
power, in choosing subcontractors, to pass upon their responsibility and
insist upon appropriate compensation for their workers. Moreover, the
statute prevents principal contractors from contracting out work to prevent
liability by giving the claimant the right to recover from the principal
contractor as a statutory employer if the immediate employer cannot pay.
46 S.W.3d 171, 175 (Tenn. 2001)(Internal citations omitted).
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Here, it is undisputed that: Mirage employed Mr. Jimenez Morales; Mirage is
uninsured; and Rite Rug engaged Mirage as a subcontractor. Mr. Jimenez Morales may
first look to the immediate employer, Mirage, to seek recovery. Mirage is uninsured.
Mr. Morales next looks to Rite Rug. Rite Rug admits it hired Mirage as a subcontractor
and admits that it (Rite Rug) has workers' compensation coverage. Mr. Morales need riot
look higher up the chain to the general contractor. The Court finds summary judgment is
appropriate.
IT IS, THEREFORE, ORDERED AS FOLLOWS:
1. NVR's motion for summary judgment is granted and NVR and its carrier are
dismissed with prejudice from this action.
2. The matter is set for a status conference on June 5, 2017, at 1:45 p.m. Central
Time. The hearing will take place via telephone with Judge Kenneth M.
Switzer. You must dial 615-532-9552 or 866-943-0025 toll-free to
participate.
ENTERED this the 16th day ofMay, 2017.
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CERTIFICATE OF SERVICE
I certifY that a true and correct copy of this Order was sent to the following
recipients by the following methods of service on this the 16th day of May, 2017.
Name Certified Via Via Service sent to:
Mail Fax Email
Zachary Wiley, X zwiley@forthegeoQle.com
Employee's attorney
Nathan Colburn, X colburnlaw@gmail.com
attorney for Mirage
Tamara Gauldin, X Tamara. gauldin@thehartford. com
attorney for Rite
Rug/The Hartford
Stephanie Rockwell, X Steghanie@s:geed-seta.com;
Alex Adkins, attorneys alex@sgedd-seta.com
forNRV/New
Hampshire Ins. Co.
~,&;~
Court of rkers' Compensation Claims
WC.CourtClerk@tn.gov
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