Employers must prove that contracted millwrights did the same work as normal employees to be covered by the exclusive remedy provision of the Workers' Compensation Act, the high court of Kentucky ruled.
The state Supreme Court upheld summary judgment in favor of all but seven of the claims against premises owners for whom James Rehm worked. Three millwrights, including Rehm, claimed that the premises owners in question exposed them to asbestos while the millwrights were contracted to work at the premises.
"Thus, whether an owner is entitled to 'exclusive remedy' immunity depends upon ...
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