Jonathan Montgomery v Coreslab Structures
WD 89610
Release Date: Aug 27, 2024
The court of appeals affirms a summary judgement that the plaintiff's claim for damages belongs in workers comp and not cvil court because he was a statutory employee pursuant to 287.140 and periodic work within the usual business did not defeat exclusive remedy.
Claimant was loading a vehicle and struck by a Coreslab employee resulting in injuries to his back and knee. He was working as an independent contractor for Becker, which had a contract to deliver product to Coreslab.. Coreslab asserted as a defense to the tort claim that claimant was a statutory employee.
The case turns on a minor procedural issue and finds a core issue on appeal of usual business was not denied in the summary judgement motion. Claimant asserts since he performed delivery work that was periodic it was not part of the Coreslab "usual" business to be be considered a statutory employee, but concedes other elements of the definition. Coreslab stated in its motion that moving slabs was routinely done on a regular basis. The court noted it can only review the summary judgment motion record and the record showed no procedural denial this assertion or evidentiary facts that would support a denial and considered the position "baffling" and "facially incongruent" because there was no affidavit to explain why the statement of fact why Montgomery could not admit or deny the assertion.
The court went further and decided on the merits that the episodic performance of the work was not dispositive if the work was performed within the essential business.
