Wolf v. Kajima International Inc.

Indiana Supreme Court

Wolf v. Kajima International Inc.

629 N.E.2d 1237, 1994 Ind. LEXIS 19, 1994 WL 66090

CourtIndiana Supreme Court

DecidedMarch 7, 1994

Docket86S05-9403-CV-221

StatusPublished

Cited by10 cases

This text of 629 N.E.2d 1237 (Wolf v. Kajima International Inc.) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wolf v. Kajima International Inc., 629 N.E.2d 1237, 1994 Ind. LEXIS 19, 1994 WL 66090 (Ind. 1994).

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Opinion

ON PETITION TO TRANSFER

SULLIVAN, Justice.

In this case, Gary R. Wolf, appellant-plaintiff below, was badly injured in an on-the-job accident. Wolf was an employee of C.J. Rogers (“Rogers”), a subcontractor of Kajima International Inc., the general contractor on a major construction project for Subaru-Isuzu Automotive, Inc. (“SIA”). Although Rogers had worker’s compensation insurance in force at the time of the accident, the insurance had been procured and paid for by SIA.

We grant transfer to adopt and incorporate by reference 1 the holding of the Court of Appeals that an owner or general contractor does not alter its status concerning potential tort liability to employees of contractors or subcontractors by directly purchasing worker’s compensation insurance on behalf of subcontractors. Wolf v. Kajima International (1993), Ind.App., 621 N.E.2d 1128, 1132.

In this case, SIA argued that the Court of Appeals decision, when read together with Lackey v. DuHadway Co. (1990), Ind.App., 560 N.E.2d 671, trans. denied, would reward contractors for failing to comply with the *1238 Indiana Worker’s Compensation act. Ind. Code § 22-3-2-2 et seq. (Burns 1992 and Supp.1993). Lackey involved an injured employee of a subcontractor which did not carry worker’s compensation insurance. In that case, the Court of Appeals held that when the employee elected to seek worker’s compensation from the general contractor, “he surrendered his option to seek and collect a tort remedy against all parties hable for his worker’s compensation.” Lackey at 673. Although Judge Rucker ably distinguished the factual and procedural situation in Lackey from that in this case, we acknowledge the inconsistency identified by SIA and hereby disapprove Lackey to the extent that it is inconsistent with the holding set forth in the preceding paragraph.

SHEPARD, C.J., DeBRULER, GIVAN and DICKSON, JJ., concur.

1

. Pursuant to Appellate Rule 11(B)(3).

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ON PETITION TO TRANSFER

SULLIVAN, Justice.

In this case, Gary R. Wolf, appellant-plaintiff below, was badly injured in an on-the-job accident. Wolf was an employee of C.J. Rogers (“Rogers”), a subcontractor of Kajima International Inc., the general contractor on a major construction project for Subaru-Isuzu Automotive, Inc. (“SIA”). Although Rogers had worker’s compensation insurance in force at the time of the accident, the insurance had been procured and paid for by SIA.

We grant transfer to adopt and incorporate by reference 1 the holding of the Court of Appeals that an owner or general contractor does not alter its status concerning potential tort liability to employees of contractors or subcontractors by directly purchasing worker’s compensation insurance on behalf of subcontractors. Wolf v. Kajima International (1993), Ind.App., 621 N.E.2d 1128, 1132.

In this case, SIA argued that the Court of Appeals decision, when read together with Lackey v. DuHadway Co. (1990), Ind.App., 560 N.E.2d 671, trans. denied, would reward contractors for failing to comply with the *1238 Indiana Worker’s Compensation act. Ind. Code § 22-3-2-2 et seq. (Burns 1992 and Supp.1993). Lackey involved an injured employee of a subcontractor which did not carry worker’s compensation insurance. In that case, the Court of Appeals held that when the employee elected to seek worker’s compensation from the general contractor, “he surrendered his option to seek and collect a tort remedy against all parties hable for his worker’s compensation.” Lackey at 673. Although Judge Rucker ably distinguished the factual and procedural situation in Lackey from that in this case, we acknowledge the inconsistency identified by SIA and hereby disapprove Lackey to the extent that it is inconsistent with the holding set forth in the preceding paragraph.

SHEPARD, C.J., DeBRULER, GIVAN and DICKSON, JJ., concur.

1

. Pursuant to Appellate Rule 11(B)(3).

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629 N.E.2d 1237, 1994 Ind. LEXIS 19, 1994 WL 66090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolf-v-kajima-international-inc-ind-1994.

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