Charles Wilcox v. United States

The issue presented here is whether the exclusive remedy provision of the Missouri Workers’ Compensation Law, Mo.Rev.Stat. § 287.040 (1986), is a defense to a negligence action brought against the United States under the Federal Tort Claims Act, as amended, 28 U.S.C. §§ 2671-80, for injuries suffered by the employee of a contractor of the Army and Air Force Exchange Services (AAFES), an instrumentality of the United States government. The District Court 1 concluded that the test to apply when determining whether a party is a statutory employer, set forth in Green v. Crunden Martin…