WORKERS COMPENSATION AND UP THE LADDER: R.O. GILES ENTERPRISES, INC. V. MILLS, DECEASED (COA 9/26/2008)

R.O. GILES ENTERPRISES, INC. V. MILLS, DECEASED
WORKERS COMPENSATION:  Up the ladder and contractors
2008-CA-000709
PUBLISHED: AFFIRMING
PANEL: MOORE PRESIDING; NICKELL, STUMBO CONCUR
DATE RENDERED: 9/26/2008

R.O.Giles was a landowner of certain land in Knox County.  His company planned to strip mine the land, but before doing so, wanted to harvest the timber from it.  He entered into a contract with L. Mills Logging to do so.  A bulldozer operator, Roger Mills (no relation) was killed on the job.  However, L. Mills Logging was uninsured for workers’ compensation. The ALJ found, and the Board affirmed, a decision that the up-the -ladder contractor provisions of KRS 342.610(2)a made R.O. Giles liable for workers’ compensation benefits paid to the widow and family of Roger Mills, because their relationship fit squarely within the wording of the contractor statute. The Court of Appeals affirmed.

Digested by Peter Naake