Cole v. Chevron Chemical Co.

427 F.2d 390, 1970 U.S. App. LEXIS 8767
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 10, 1970
DocketNo. 29032
StatusPublished
Cited by34 cases

This text of 427 F.2d 390 (Cole v. Chevron Chemical Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cole v. Chevron Chemical Co., 427 F.2d 390, 1970 U.S. App. LEXIS 8767 (5th Cir. 1970).

Opinion

AINSWORTH, Circuit Judge.

In this Louisiana-based diversity ease the question of state law presented on appeal is whether the work Mechanical Contracting Engineers, Inc. (MCEI) performed for the Orqnite Di[392]*392vision of Chevron Chemical Company (Chevchem) was part of Chevchem’s “trade, business, or occupation” for purposes of establishing coverage by the Louisiana Workmen’s Compensation Statute, La.Rev.S.tat.Ann. § 23:1061. The question of federal law presented is whether, on the existing state of the record, summary disposition of this case in the court below was proper.1

Chevchem hired MCEI to do general welding work at the Oronite Division Plant. Cole, an employee of MCEI, was injured while working in the course of his employment as a welder at the plant. He brought this action against Chevchem for the damages that allegedly resulted from the latter’s negligence. Chevchem responded that Cole’s exclusive remedy for his injury was to be found under the Louisiana workmen’s compensation law since Chevchem was Cole’s “statutory employer,” and a workman cannot maintain a tort action under Louisiana law against his “statutory employer.”2

Section 23:1061 of the Louisiana Re-’ vised Statutes provides that any person who “contracts out” work that is part of his trade, business, or occupation is liable to any employee of the contractor engaged in the work for workmen’s compensation, to the same extent as if the contractor’s employee were one of his own employees 3. That is, the principal is the so-called “statutory employer” of the independent contractor’s employees for the purpose of determining the extent of the principal’s responsibility under the Workmen’s Compensation Statute. The purpose of the “statutory employer” provision is to prevent the principal from avoiding his compensation responsibility by interposing an independent contractor between himself and those who perform work that is a part of his “trade, business, or occupation.” Arnold v. Shell Oil Company, 5 Cir., 1969, 419 F.2d 43, 46; Malone, Principal’s Liability for Workmen’s Compensation to Employees of Contractor, 10 La.L.Rev. 25-27 (1949). The provision operates to the benefit of the contractor’s employees when the contractor is financially irresponsible, since they may look to the principal for workmen’s compensation. On the other hand, when the contractor is able to fulfill his compensation responsibilities, the provision operates to limit his employees to the maximum benefits payable under the Workmen’s Compensation Statute, since the principal, as [393]*393their “statutory employer,” is, like the contractor, immunized from tort liability to the employees by the exclusive-remedy provision of that act. La.Rev.Stat.Ann. § 23:1032.

The District Court granted a summary judgment in favor of Chevchem on the ground that the work performed by MCEI and Cole was part of Chevchem’s “trade, business, or occupation.” Cole appeals on the ground that a trial was necessary to the proper determination of this issue.

Rule 56(c) of the Federal Rules of Civil Procedure provides that a summary judgment may be granted only when the record shows that “ * * * there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” In this diversity case we decide the propriety of the summary judgment granted below in accordance with the federal standards fixed in Rule 56(c). As we have said:

“This principle is the corollary to the rule of this Court that the sufficiency of evidence to require jury submission in diversity cases is a question of federal law. To be sure, in proceedings on motions for summary judgment questions of state law will arise in determining the materiality of particular facts to the claims and defenses of the parties and the factual elements required to establish the claims or defenses of the moving party, but whether a trial is necessary is a matter of federal law.”

Lighting Fixture & Elec. Sup. Co. v. Continental Ins. Co., 5 Cir., 1969, 420 F.2d 1211, 1213 (citations omitted).

In considering a motion for summary judgment, the trial court must determine whether a genuine issue of material fact exists rather than how that issue should be resolved, and a summary judgment should be granted only when the truth is clear. Lighting Fixture & Elec. Sup. Co. v. Continental Ins. Co., 5 Cir., 1969, 420 F.2d 1211, 1213; United States v. Burket, 5 Cir., 1968, 402 F.2d 426, 430. Even though the basic facts are undisputed, a summary judgment may be improper if the parties disagree regarding the material factual inferences that properly may be drawn from these facts. See, e. g., N. L. R. B. v. Smith Industries, Inc., 5 Cir., 1968, 403 F.2d 889, 893; Keating v. Jones Development of Missouri, Inc., 5 Cir., 1968, 398 F.2d 1011, 1013.

Applying these principles to this case, we determine that the District Court should not have granted a summary judgment in favor of Chevchem on the issue whether Chevchem was the “statutory employer” of Cole. Material factual issues remain to be tried, and Chevchem was not entitled to a judgment as a matter of Louisiana law. Consequently, we reverse the judgment of the District Court and remand the case for further proceedings.

This Court has frequently had occasion to' determine whether particular work tasks are to be considered as part of an enterprise’s “regular operations” for purposes of section 23:1061 of the Louisiana Revised Statutes. We have kept in mind in making these determinations that the workmen’s compensation law should be liberally construed with a view to coverage, regardless of whether the contractor’s employee or the principal is the party asserting coverage. E. g., Arnold v. Shell Oil Company, 5 Cir., 1969, 419 F.2d 43, 47; Isthmian S. S. Co. of Delaware v. Olivieri, 5 Cir., 1953, 202 F.2d 492, 494; see Thibodaux v. Sun Oil Co., 40 So.2d 761, 766 (La.Ct. App.1949), aff’d, 218 La. 453, 49 So.2d 852 (1950). In Arnold v. Shell Oil Company, 5 Cir., 1969, 419 F.2d 43, 50, we stated that “the test for determining whether an activity is part of an employer’s trade or business * * * is whether the particular activity is essential to the business.” Under this test, the fact that the employer or the industry as a whole always contracts out the activity is not controlling. Id.;

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427 F.2d 390, 1970 U.S. App. LEXIS 8767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-chevron-chemical-co-ca5-1970.