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James Barger vs. Kansas City Power & Light Company

Missouri Court of Appeals, Western District - WD80778

Code(s): C040 - Statutory Employee

Factual Background:

KCP&L contracted with a company called Projectile, for Projectile to clean condenser tubes that KCP&L used to produce electrical energy. The tubes were cleaned 1-4 times per year. The agreement between the parties stated that Projectile "agrees and represents that it is an independent contractor and its personnel are not employees or agents of KCP&L for federal tax purposes or any other purpose whatsoever, and are not entitled to any KCP&L employee benefits." The Agreement stated that Projectile was solely responsible for payment of worker's compensation insurance and claims. While Barger was cleaning the tubes, the grating on a catwalk gave out from under him and he grabbed the grate in front of him to keep from falling, causing injury to his right wrist. He files a WC claim against Projectile; files a civil suit against P&L, claiming negligence P&L moved for summary judgment on the basis that Barger was a statutory employee of P&L, and thus his exclusive remedy was the MO WC system. 

Circuit Court Decision (Civil Case):

Summary Judgment was granted in favor of the defendants, KCP&L. 

Analysis/Holding:

Barger argued on appeal that he was not a statutory employee because the work that he performed was not in the usual course of P&L’s business. The Court found that there was genuine issues of material fact in that Barger argued that the condenser’s only need to be cleaned on an as-needed basis, such that if not for Projectile, P&L would not need to hire permanent employees to perform the cleaning.

The Takeaway:

In this case, it was in the employer’s best interest to argue that the injured employee was a statutory employee, so that the employee’s exclusive remedy would thus be the MO WC system.

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