Bower v. Union Texas Petroleum Corp.

MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

RALPH G. THOMPSON, District Judge.

This is a tort action based on negligence. Recovery is sought for personal injuries resulting from an explosion in a storage tank which occurred while Plaintiff Bobby Bower (Bower) was welding. A major issue in this case is whether, at the time of the explosion and injury, Bower was an employee or an independent contractor. If Bower was an employee, his exclusive remedy is under the Oklahoma Workmen’s Compensation Law.1

The Defendant contends that, because Bower filed a claim in the Oklahoma…