Melody Homes, Inc. v. Lay

STERNBERG, Judge.

The sole issue in this review is whether an employee of a security service, who is injured while patrolling a construction site which the security service has been hired to guard, is a statutory employee of the general contractor. We agree with the Industrial Commission that the guard is a statutory employee of the general contractor-builder.

There is no dispute as to the facts: Melody Homes, Inc., hired the entity known as Henderson Security Police to guard Melody’s construction site. Lay, an employee of Henderson, was injured while performing guard duty at the site.…