Jerry Murray vs. Goodyear Tire & Rubber Co.

The sole issue presented for review is whether the defendant, at the time of the plaintiff's accident, was the plaintiff's statutory employer as defined by Tennessee Code Annotated section 50-6-113, and therefore liable for workers' compensation benefits. The defendant contracted with the plaintiff's employer for the painting of overhead air ducts in its plant. Subsequently, the plaintiff was injured when he fell from one of these ducts. The trial court determined that the degree of control exercised by the defendant established the defendant as a statutory employer pursuant to the Act. The defendant appealed. The appeal was argued before the Special Workers' Compensation Appeals Panel pursuant to Tennessee Code Annotated section 50-6-225(e), but was transferred to the full Supreme Court prior to the Panel issuing its decision. On appeal, we reverse the judgment of the trial court, holding that the evidence preponderates against the trial court's finding that the defendant is a statutory employer and that therefore, the defendant is not liable for compensation benefits.