A crane oiler seriously injured by an electric shock is barred from suing a cell tower owner because the company was his “statutory employer,” the 11th U.S. Circuit Court of Appeals ruled Wednesday.
The appellate court said a trial judge correctly ruled that SAC Wireless LLC was Antonio Hall’s statutory employer under Georgia’s Workers’ Compensation Act and therefore immune from tort liability.
Mr. Hall, who was seriously injured when a crane that was being disassembled came into contact with power lines, received workers compensation benefits from his employer, Maxim Crane Works L.P.
Maxim had provided the crane to SAC Wireless for work on a cell tower. Mr. Hall sued SAC Wireless, the tower’s owner, for negligence and punitive damages.
The appeals court agreed with the trial judge that the lawsuit was barred by workers comp exclusivity, saying Mr. Hall was considered a statutory employee of SAC who was eligible for workers comp benefits.
Mr. Hall also argued that his job duties of disassembling the crane were not part of the contract between SAC and Maxim, but the 11th Circuit called that argument “illogical.”
The case is Antonio Hall vs. SAC Wireless LLC.
