Court Revives Temp Worker’s Injury Lawsuit Against Concrete Company
- The North Carolina Court of Appeals ruled 2-1 on Oct. 7 that a temp worker injured in a cement mixer can pursue negligence claims against Salisbury, N.C.-based Johnson Concrete Company, reversing a trial court decision that the Workers’ Compensation Act barred the lawsuit.
- The holding sends the case back to Rowan County Superior Court for trial. The underlying negligence claims have not been adjudicated, and the ruling addresses jurisdiction only.
- The worker was placed at Johnson Concrete in March 2022 by staffing agency Labor Finders. Two months later, a company employee told him to clean dried cement from a mixer’s blades, and his right arm became trapped, causing extensive injuries to his arm, wrist and hand. He filed a workers’ compensation claim against Labor Finders and sued Johnson Concrete for negligence, gross negligence and punitive damages.
- The contract between the two companies stated that temporary workers “are employees of Labor Finders,” which handled wages, benefits, payroll taxes and workers’ compensation insurance. Johnson Concrete’s own corporate representative testified in a deposition that the worker was not its employee, received no pay or benefits from it, was not on its workers’ compensation policy and had no effect on its premiums.
Court Says Workers’ Comp Exclusivity Bars Worker’s Suit Over Assault
- The Appellate Court of Maryland ruled in an unreported Oct. 2 opinion that workers’ compensation is the exclusive remedy for Nancy Teresa Lee, an assisted living worker who sued her employer after a resident assaulted her, and affirmed summary judgment for Sunrise Senior Living Management, Inc.
- The court found no genuine dispute that Lee elected workers’ compensation for the same injury: her claim form named Sunrise as her employer, she amended the claim, appeared at the hearing and received a compensation order finding the injury compensable.
- Lee, a life enrichment manager at Sunrise of Bethesda, suffered a fractured spine and contusions when a resident assaulted her in January 2022. The Workers’ Compensation Commission ordered Sunrise to pay her medical expenses. She then sued Sunrise and Welltower, Inc., the company that owned the property that Sunrise managed, for negligence and negligent supervision.
- The court rejected Lee’s argument that exclusivity stripped the circuit court of jurisdiction, saying it limits the remedy available, not the court’s power.
- The court also upheld summary judgment for Welltower, finding it did not own, operate or control Sunrise, so it owed Lee no duty of care.
MEMIC Declares $17 Million Dividend for Maine Policyholders
- The MEMIC Group’s board authorized a $17 million dividend for more than 17,000 Maine workers’ compensation policyholders, to be distributed next month. The payout is more than 10% of the eligible premiums policyholders paid for the 2023 calendar year.
- The dividend is based on MEMIC’s financial performance, claims experience and policyholders’ success in maintaining safe workplaces during 2023. Lost-time injuries in Maine have fallen by about 50% since MEMIC was founded in 1993.
- Maine regulators recently approved an average 4.8% decrease in advisory costs for 2026, continuing a multi-year decline in which advisory costs have fallen almost 48% over the past five years.