Poulson v. Walsh-Groves

This is an appeal from a summary judgment in favor of a prime contractor. Plaintiff, a workman employed by a subcontractor, was injured in a work train collision near Trego, Montana. The train was operated by an employee of the prime contractor. The subcontract agreement required the subcontractor to maintain workmen’s compensation coverage. Subsequent to the accident plaintiff made claim for workmen’s compensation benefits, which he received.

Two issues are raised on appeal:(1) Does the “statutory employer” concept of section 92-438, R.C.M.1947, violate the equal protection clauses of the…