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Workers’ comp not sole remedy against AT&T entity for fall causing injury

September 18, 2013

A worker injured in a fall when she tripped on snow-covered legs of a construction sign placed near the AT&T building where she worked may proceed with a claim against one of the company’s corporate entities.

The Indiana Court of Appeals reversed and remanded a Marion Superior ruling granting summary judgment in favor of AT&T Services Inc., which is responsible for snow and ice removal, despite a prior award from AT&T of workers' compensation resulting from the injury.

The case is Brenda Hall v. Dallman Contractors, LLC, Shook, LLC and AT&T Services, Inc., 49A02-1210-CT-806

“Given the various AT&T entities referenced in this litigation, AT&T Services has not established that, because Hall was employed by an AT&T entity and recovered Worker’s Compensation benefits from an AT&T entity, the exclusive remedy provision of the Act bars Hall’s negligence claim against AT&T Services,” Judge Michael Barnes wrote for the panel of judges Terry Crone and Rudy Pyle III.

“Because there are genuine issues of material fact regarding whether AT&T Services was Hall’s employer or a joint employer, AT&T Services has not established that Hall’s negligence claim against it was barred by the exclusive remedy provision of the (Worker’s Compensation) Act,” Barnes wrote. “Thus, summary judgment for AT&T Services was improper.”





 

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