Uninsured Employer’s Fund & Third Party Respondent

Summary: Petitioner suffered an injury when he fell from a roof on which he claims to have been working. Respondent/Third Party Petitioner denies that Petitioner was an employee and that he was in the course of his employment at the time of his injury. However, if this Court determines otherwise, Respondent/Third Party Petitioner seeks indemnification from Third Party Respondent as an uninsured employer for all benefits paid or payable to Petitioner. Third Party Respondent denies employing Petitioner, either directly or indirectly. However, if this Court determines otherwise, Third Party Respondent contends that Petitioner fell from the roof because of his use of alcohol or non-prescription drugs.

Held: At the time of Petitioner’s injury, Petitioner was employed by Third Party Respondent and in the course of his employment. Petitioner’s alleged use of alcohol or non-prescription drugs was not the major contributing cause of his accident, and therefore, Petitioner is entitled to benefits under the WCA. Third Party Respondent shall indemnify Respondent/Third Party Petitioner for all benefits paid or payable to Petitioner. Petitioner is entitled to his costs against Respondent/Third-Party Petitioner.