 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Maser v. L. and H. Welding and Machine Co.3/24/2000
Appeal from the District Court of Sweetwater County Honorable Jere Ryckman, Judge
Doyle Alexander Jr. Maser (Appellant) appeals from a determination by the district court that the provisions of the Wyoming Worker's Compensation Act (the Act) provided the exclusive remedy for injuries he suffered while an employee of L. and H. Welding and Machine Company (L&H;Welding). We conclude that the Act constitutes Appellan's exclusive remedy and affirm.
Appellant provides us with the following statement of the issues:
1. Whether an employer may be subject to civil liability for work related injuries to a minor who is not a Alegally employed minor@ and thus not an Aemployee@ under Wyo. Stat. ' 27-14- 102(vii).
2. Whether the Wyoming State Legislature, in amending the definition of Aemployee@ under Wyo. Stat. ' 27-14-102(vii) to include Alegally employed minors,@ intended to exclude minors whose employment is illegal under federal child labor laws.
3. Whether the District Court erred in finding that DJ Maser was a Alegally employed minor@ under Wyo. Stat. ' 27-14- 102(vii), where DJ Maser was hired for an illegal purpose and his only activities were illegal under federal child labor laws.
4. Whether the disputed fact of whether DJ Mase's job description included any lawful activities is material precluding summary judgment, or whether an employment contract is voidable where illegal tasks form any part, or a substantial part, of the contract for employment.
5. Whether the District Court erred in adopting a subjective intent standard for contract formation in finding that an employment contract was valid because of the employe's alleged
subjective intent, at some undetermined time in the future, to request that DJ Maser perform some lawful activities in addition to the expressed purpose of performing illegal activities.
6. Whether the District Court violated Wyoming Rule of Civil Procedure 6(c)(2) in ruling on L. and H. Weldin's Motion to Dismiss without a hearing, where a hearing had been timely requested.
7. Whether the District Court wrongfully held DJ Mase's supplemental affidavit to be untimely, where it was submitted at least one day prior to any hearing on L. and H. Weldin's Motion under Wyoming Rule of Civil Procedure 6(c)(1).
L&H;Welding responds with the following statement of the issues:
1. Whether the exclusivity provisions of Wyomin's Worker's Compensation Act bar Appellan's lawsuit where Appellan's employer properly paid into the worke's compensation fund, where Appellant applied for and received worke's compensation benefits and where Appellant was legally employed.
2. Whether the exclusivity provisions of Wyomin's Worker's Compensation Act bar Appellan's lawsuit if Appellan's employment was legal under Wyoming law but involved the performance of a task which violated the federal Fair Labor Standards Act.
3. Whether the District Court abused its discretion when it denied Appellan's motion to reconsider the order granting summary judgment in favor of Appellee.
FACTS
In April of 1997, Appellant, who was sixteen years old, began working part-time for L&H;Welding. Appellant was put to work cleaning a large, inoperable press brake, which, when operational, is used to bend steel. The cleaning procedure required that Appellant, using a plastic brush and rags soaked in a flash naphtha solvent, scrub off the oil and grease that had accumulated on the press brake. Appellant was provided with a bucket of rags and when the rags were no longer useable, they were simply discarded in a pile
Page 1 2 3 4 5 Wyoming Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|