general contractor immune from suit as statutory employer of injured employee of carpentry subcontractor
How later courts described this case
- general contractor immune from suit as statutory employer of injured employee of carpentry subcontractor
- control established where general contractor was “ ‘more or less’ the ‘boss of the job site’ ”
- allocatur refused Jan. 4, 1982
Written by the judges who cited it.
The opinion
DiSALLE, Judge,
concurring:
I concur in the result. If, as the dissenting opinion suggests, it was the intention of our Legislature, in enacting the 1974 amendments to Sections 461 and 462, to “follow those jurisdictions which do not allow general contractors, who have no liability for workmen’s compensation, to escape common law liability as well,” it could very easily have said so, especially when it was aware that the prior language had been construed as immunizing statutory employers from such liability.