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Case Name Alvis v. McIntyre
Date 07/30/2008
Note [Unpublished] In an effort to avoid the exclusivity provisions of the workers compensation scheme, there is no theory in which plaintiff can prevail against defendants listed as employers on plaintiff's complaint. Plaintiff could have, but did not, move to amend his complaint; his failure to do so means he is stuck with the complaint as pleaded.
Citation C055102
WCC Citation WCC 34042008 CA
The trial court entered summary judgment in favor of the employers (Pat Thomaselli, Thomaselli Construction, Robert McIntyre and McIntyre Enterprises), and Alvis timely appealed from the ensuing judgment. Robert McIntyre, doing business as McIntyre Enterprises (collectively, McIntyre) answered in part by denying he was Alvis's employer; he also alleged he had compensation insurance and Alvis had filed a compensation claim, therefore this suit was barred by the workers compensation remedy. For example, Alvis claimed McIntyre did not post proper workplace notices, and did not timely give Alvis a claim form. Alvis filed a "supplement," describing a form McIntyre filed with SCIF in which he said Alvis was not his employee but was working "per subcontract" for Thomaselli; Alvis asserted that Thomaselli had variously claimed to be Alvis's employer, that McIntyre was Alvis's employer and that Thomaselli was Alvis's "special employer," and argued that this raised a triable issue as to who was his employer. Alvis describes the following purported violations by McIntyre: (1) McIntyre did not post the appropriate compensation notices at the jobsite; (2) McIntyre did not promptly give Alvis a claim form after learning of the injury; (3) McIntyre failed to return a completed form to Alvis; (4) McIntyre failed to ensure prompt payment to Alvis of his benefits; (5) McIntyre failed to tell Alvis his rights under the compensation system; and (6) McIntyre failed to provide a safe jobsite.

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