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James J. Powell, an employee of Osborne Truck Lines, was injured on July 12, 1981, while preparing a truck for unloading steel loaded by Aesco Steel, Inc.'s employees at a construction site. He and Julie Ann Powell (for loss of consortium) sued Aesco Steel, Inc. Aesco Steel, Inc. moved for summary judgment, arguing the common law suit was barred by the Tennessee Workers Compensation Act, specifically T.C.A. § 50-6-113. The defendant contended that Daniel Construction Company was the principal contractor, and Aesco Steel, Inc. was a subcontractor, making Powell an employee of a subcontractor engaged in the principal contractor's work on the controlled premises. The trial court granted summary judgment, which the appellate court affirmed, citing McVeigh v. Brewer as controlling precedent, establishing that the Workers Compensation Act provides the exclusive remedy in such common enterprise scenarios.
Powell v. Aesco Steel, Inc. is a workers' compensation case decided in Court of Appeals of 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 Court of Appeals of Tennessee.
Full Decision Text1 Pages
James J. Powell, an employee of Osborne Truck Lines, was injured on July 12, 1981, while preparing a truck for unloading steel loaded by Aesco Steel, Inc.'s employees at a construction site. He and Julie Ann Powell (for loss of consortium) sued Aesco Steel, Inc. Aesco Steel, Inc. moved for summary judgment, arguing the common law suit was barred by the Tennessee Workers Compensation Act, specifically T.C.A. § 50-6-113. The defendant contended that Daniel Construction Company was the principal contractor, and Aesco Steel, Inc. was a subcontractor, making Powell an employee of a subcontractor engaged in the principal contractor's work on the controlled premises. The trial court granted summary judgment, which the appellate court affirmed, citing McVeigh v. Brewer as controlling precedent, establishing that the Workers Compensation Act provides the exclusive remedy in such common enterprise scenarios.
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