Ky. Contractor Qualifies for 'Up-the-Ladder' Immunity

An "up-the-ladder" contractor is immune from tort liability from a subcontractor's injured employee if the contractor proves that the immediate employer had workers' compensation coverage, the Kentucky Court of Appeals ruled. The court noted in Pennington v. Jenkins-Essex Construction Inc., NO. 2005-CA-001652-MR, 11/03/06, that the facts surrounding the negligence claim filed by Michael Pennington made it an issue of first impression before the court. The issue was whether Jenkins-Essex had an up-the-ladder immunity defense from tort liability based on the exclusivity provision in the ...