Ex parte Midsouth Paving, Inc., and Christopher Nivert

Supreme Court of Alabama

Tallapoosa County | No. SC-2022-0860 | May 17, 2023


"Special Employee" Status Shields Midsouth from Negligence Claims: Court Validates Exclusive-Remedy Provisions

Midsouth and Nivert, having faced negligence and other claims by Mason, a worker supplied by temporary employment agency PeopleReady, appealed for summary judgment, claiming immunity under exclusive-remedy provisions of the Act. They emphasized that Mason, while performing flagging duties exclusively at Midsouth's sites, was a "special employee" of theirs, making them her "special employer" and thus immune from the tort actions she brought. They presented substantial evidence, including employment agreements and indirect funding for Mason’s workers' compensation insurance to reinforce this claim.

Mason, having suffered severe injuries due to an accident while on duty, argued against being a special employee, citing her status as an independent contractor and an explicit labor-supply agreement between PeopleReady and Midsouth, stating temporary associates were solely employees of PeopleReady. Mason’s assertion of her intention to be solely a PeopleReady employee and not a Midsouth employee was significantly challenged by her duties, conducted under Midsouth’s direction, and the evidence of implied consent to a contract of hire with Midsouth. The court, emphasizing the actual service provision and the established contractual agreements, deemed these as paramount, establishing her consent to the associated risks and responsibilities with Midsouth, thus validating the exclusive-remedy provisions and indemnifying Midsouth and Nivert against Mason's claims.

Additional Reading

Other Decisions Regarding Similar Topics:

-Navigation-
-Contact-
  • Phone: (205) 335-4190
  • Fax: (205) 278-5875
  • Email: thompsonfirm.al.law@gmail.com