Juarez worked for Westarz Homes at construction sites for five years. Bever was a superintendent at construction

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Juarez worked for Westarz Homes at construction sites for five years. Bever was a superintendent at construction sites, supervising subcontractors and moving trash from sites to landfills. He presented himself as an independent contractor under the name T. Bever Construction. Westarz provided Bever a truck for moving trash. The truck was insured by Westarz's insurance company, Country Insurance.
When Bever was backing the truck up at a construction site, he hit Juarez, crushing his left arm and shoulder, leaving him unable to work. Juarez filed for workers' compensation. Westarz paid no workers' compensation premiums because it claimed it only used independent contractors. The state investigated and determined that Juarez was an employee since he worked under the direct control of Westarz for years. It awarded him workers' compensation benefits from a Special Fund maintained for such instances.

1. The court held that Bever and Juarez were both employees, not independent contractors; so workers' compensation was the remedy for the injury, and there would be no damages in tort. Where did Westarz end up in all this?
2. Why should Juarez not get to collect both workers' compensation benefits and sue for the injury caused by Bever's negligence?

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Related Book For  answer-question

The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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