Doss v. United States
793 F. Supp. 2d 859
E.D. Tex.2011Background
- Doss and McCloskey were Lear Siegler, Inc. employees under a Master Contract with the Army to support RRAD; an explosion occurred July 14, 2008, during a breaker check at Building 315, causing injuries including burns and blindness; Plaintiffs required psychological treatment and medications; LSI procured workers' compensation coverage as required by the Army contract and the United States paid premiums; Plaintiffs timely sought workers' compensation benefits; Defendant United States argues Texas exclusive remedy and other defenses under the FTCA and Texas law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA waiver vs. exclusive remedy under TX law | Doss/ McCloskey allege FTCA liability for employer negligence | Exclusive remedy bars claims when statutory employer provides WC coverage | FTCA provides the waiver; exclusive remedy bars claims when applicable under TX law |
| Whether US is a general contractor under TX Act | US provided coverage via Master Contract; thus statutory employer | Premises owner may not be a general contractor for exclusive remedy purposes | US fits general contractor and is a statutory employer; exclusive remedy applies |
| Chapter 95 applicability to premises owner/contractor | Chapter 95 not applicable; US not owner-operator in a primarily commercial facility | Chapter 95 immunizes premises owners under certain conditions | Chapter 95 does not defeat exclusive remedy here; not necessary to decide further facts |
| Discretionary function and OSHA basis | OSHA standards support negligence claims; discretionary acts do not bar FTCA | OSHA/regulatory violations cannot create FTCA liability for the United States here | Not necessary to decide further; PT claims barred by exclusive remedy |
Key Cases Cited
- Roelofs v. United States, 501 F.2d 87 (5th Cir.1974) (FTCA's broad interpretation and like-circumstances analysis)
- Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex.2009) (Premises owner can be a general contractor for exclusive remedy under TX Act)
- HCBeck, Ltd. v. Rice, 284 S.W.3d 349 (Tex.2009) (Written agreement to provide workers' compensation coverage can make a general contractor the statutory employer)
- U.S. v. Olson, 546 U.S. 43 (S. Ct.2005) (FTCA liability to be determined by like circumstances, not identical)
- Villafranca v. United States, 587 F.3d 257 (5th Cir.2009) (FTCA scope and like-circumstances standard in Fifth Circuit)