"[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.