Opinion

Stratman v. Admiral Beverage Corp.

  • 760 P.2d 974
  • 1988 Wyo. LEXIS 109
  • 1988 WL 87787
Court
Wyoming Supreme Court
Filed
Aug 24, 1988
Status
Published
Author
Brown
On the bench
Cardine, Thomas, Urbigkit, MacY, Brown, Ret
Cited by
32 cases
Authority
More cited than 5.3%

"[cjoverage of affiliated corporations under the same worker’s compensation insurance policy or state account is not relevant to the issue of whether the employee of one affiliate is also the employee of the other”; if the worker is not an employee of the particular corporation sued, that corporation is not immune regardless of whether it made fund payments

How later courts described this case

  • "[cjoverage of affiliated corporations under the same worker’s compensation insurance policy or state account is not relevant to the issue of whether the employee of one affiliate is also the employee of the other”; if the worker is not an employee of the particular corporation sued, that corporation is not immune regardless of whether it made fund payments
  • "[c]overage of affiliated corporations under the same worker's compensation insurance policy or state account is not relevant to the issue of whether the employee of one affiliate is also the employee of the other;" if the worker is not an employee of the particular corporation sued, that corporation is not immune regardless of whether it made fund payments
  • "[W]e will continue to adhere to the majority rule, that, on issues of immunity, the separate corporate identity of affiliated corporations will not be disturbed.”
  • subsequent legislation may be used as aid to interpret ambiguous statute

Written by the judges who cited it.

The opinion

BROWN, Justice, 1

specially concurring.

I concur in the result reached by the court in this case. I think, however, that the standard for determining the existence of an employment relationship, under the circumstances of this case, is more accurately set out in Boehm v. Cody Country Chamber of Commerce, 748 P.2d 704, 712-713 (Wyo.1987), where we said:

We determine the existence of an employment relationship as a matter of law when only one reasonable inference about the existence of the asserted relationship can be drawn from the facts. Battlefield, Inc. v. Neely, Wyo., 656 P.2d 1154, 1160 (1983). The controlling inquiry in determining if an employment relationship exists is whether the alleged employer retained the right to control the alleged employee’s work. Id., (citing Combined Insurance Company of America v. Sinclair, Wyo., 584 P.2d 1034, 1042 (1978)). If the right of control has been exercised, but never retained, an employment relationship does not exist for that reason only. Battlefield, Inc. v. Neely, supra, at 1161. (Emphasis added.)

. Chief Justice, Retired, June 30, 1988.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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