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Workers’ Compensation – Subcontractor’s Employee – Statutory Employer – Expired Certificate of Insurance
North Carolina Lawyers Weekly Staff//April 15, 2021//
Workers’ Compensation – Subcontractor’s Employee – Statutory Employer – Expired Certificate of Insurance
North Carolina Lawyers Weekly Staff//April 15, 2021//
A principal contractor knew that its subcontractor’s certificate of insurance for workers’ compensation coverage had expired, yet the principal contractor allowed the subcontractor to continue to work on the jobsite. As a result, the principal contractor became the statutory employer of the subcontractor’s employee, who suffered a fractured ankle while the subcontractor’s workers’ compensation insurance coverage had lapsed.
We affirm the Industrial Commission’s ruling that the principal contractor and its insurer are liable for plaintiff’s injury to the same extent that the subcontractor is liable.
Suazo v. Gutierrez-Bojorquez (Lawyers Weekly No. 012-084-21, 16 pp.) (Hunter Murphy, J.) Appealed from the Industrial Commission. Douglas Berger for plaintiff; Stephanie Gearhart for defendants. 2021-NCCOA-131
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