Court: Contractor Liable for Benefits Paid to Employee of Uninsured Subcontractor

The Kansas Court of Appeals ruled that the state Workers’ Compensation Fund can recover the costs of the benefits it paid to an insolvent subcontractor’s injured employee. Facts of the case were not disputed. General contractor Trademark Inc. hired Doroteo Ballin, the sole proprietor of Ballin Co. LLC, as a subcontractor. Juan Medina worked for Ballin. While he was working on the Trademark project, he suffered injuries in a fall from a ladder. Medina filed a workers’ compensation action, but Ballin didn’t have insurance and couldn’t afford to pay any compensati...