Workers’ Compensation Is Exclusive Remedy for Co-Worker Assault

In a contractor’s action for damages from on-the-job-injuries, defendant raised the defense of plaintiff’s status as a statutory employee, for whom workers’ compensation statutes provide the exclusive remedy. Statutory employee status depends in part on whether the contractor was doing work in the usual course of the defendant’s business. Defendant’s business was “to distribute and deliver its products to its customers [,]” for which it would have used its own employees, if it were not using contractors.
Robby Sebacher, Appellant, vs. Midland Paper Company, Respondent.
Missouri Court of Appeals, Eastern District – ED108615

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