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This action seeks damages for the death of the plaintiff's decedent, who was working on premises owned by Union Carbide. Union Carbide moved for summary judgment, asserting immunity from tort recovery under Tenn.Code Ann. § 50-915, arguing it acted as the principal contractor for the project. The Court examined Tennessee law and precedent concerning whether an owner who undertakes to act as its own general contractor can be considered a principal contractor for statutory employer purposes. Following the rationale from Carpenter v. Hooker Chemical & Plastics Corp. and the policy of ensuring worker's compensation coverage, the Court held that Union Carbide was indeed a principal contractor. Consequently, the defendant's motion for summary judgment was granted, precluding tort recovery against Union Carbide.
Posey v. Union Carbide Corp. is a workers' compensation case decided in District Court, M.D. Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, M.D. Tennessee.
Full Decision Text1 Pages
This action seeks damages for the death of the plaintiff's decedent, who was working on premises owned by Union Carbide. Union Carbide moved for summary judgment, asserting immunity from tort recovery under Tenn.Code Ann. § 50-915, arguing it acted as the principal contractor for the project. The Court examined Tennessee law and precedent concerning whether an owner who undertakes to act as its own general contractor can be considered a "principal contractor" for statutory employer purposes. Following the rationale from Carpenter v. Hooker Chemical & Plastics Corp. and the policy of ensuring worker's compensation coverage, the Court held that Union Carbide was indeed a principal contractor. Consequently, the defendant's motion for summary judgment was granted, precluding tort recovery against Union Carbide.
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