Friday, March 10, 2006

Truck driver injured in warehouse is statutory employee

In Glenn v. Lafon, Judge Conrad of the W.D. Va. granted the defendant's motion to dismiss, concluding that the plaintiff truck driver was a statutory employee of the defendant warehouse company with respect to the activity in which he was engaged at the time of his injuries, and therefore he was limited to the exclusive remedy of workers' compensation.

We litigated such a case a while back, which added the word "lumper" to my vocabulary. The drivers who hire lumpers to unload the truck are less likely to be struck by a forklift in the warehouse.

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