Fuhriman v. State

BURDICK, Justice.

This case asks the Court to determine whether immunity from a tort suit based on qualification as a statutory employer is an affirmative defense and if so, whether it is waived if not pleaded. This case also asks the Court to determine whether a category one statutory employer under Worker’s Compensation Law must be a general contractor or subcontractor and whether a category one statutory employer must exercise a certain degree of control over the work site or the employees working there.

I. FACTUAL AND PROCEDURAL BACKGROUND

On August 23, 2001, an accident occurred during a…