McGREW v. QUALITY CARRIERS, INC.

No. 11-440.

74 So.3d 1253 (2011)

George McGREW v. QUALITY CARRIERS, INC.

Court of Appeal of Louisiana, Third Circuit.

October 5, 2011.


Attorney(s) appearing for the Case

Joseph J. Bailey , Provosty, Sadler, deLaunay, Fiorenza & Sobel, Alexandria, LA, for Plaintiff/Appellant, George McGrew.

Scott T. Winstead , Sutterfield & Webb, LLC, Orleans, LA, for Defendant/Appellee, Quality Carriers, Inc.

Court composed of JOHN D. SAUNDERS, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.


SAUNDERS, Judge.

This is a workers' compensation case where a truck driver performed work for a carrier service. The primary issue presented to the court is whether a truck driver could carry his burden to prove at trial that he fits into the manual labor exception to the general rule that independent contractors are not entitled to workers' compensation benefits per La.R.S. 23:1021(7). The hearing officer granted the carrier service's motion for summary judgment...

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