Bauer v. Blackduck Ambulance Ass'n, Inc.

OPINION

SHUMAKER, Judge.

Appellant Rachel A. Bauer was injured while riding in an ambulance operated by a driver for respondent Blackduck Ambulance Association, Inc. Appellant submitted a workers’ compensation claim and collected benefits as an injured employee. She then sued respondent, claiming she was not an employee when she was injured.

Respondent moved for summary judgment, arguing that appellant represented herself to be an employee and, as such, has no tort remedy against her employer. The district court granted the motion. Appellant contends that the court erred because there exists a…