Maloree McDonough (Birmingham, AL) (Workers’ Compensation) obtained Summary Judgment on behalf of One Beacon Insurance. Plaintiff was an owner-operator who sued the common carrier, Southeast Logistics, Inc., for which he drove his truck for workers’ comp benefits. Plaintiff alleged a severe head injury, so the exposure was a permanent total award. The claim was denied based on the fact that the Plaintiff was an independent contractor and not an employee of the common carrier.
The argument to the court was based primarily on a rarely used exclusion for common carriers under the Alabama Workers’ Comp Act which states that “in no event” can a common carrier operating pursuant to a certificate of public convenience and necessity be deemed the employer of an owner-operator of a motor vehicle under contract to the common carrier. Ms. McDonough was able to prove the statute and the exclusion applied to bar the Plaintiff from recovery and the court granted summary judgment.