State Ex Rel. MW Builders, Inc. v. Midkiff

STEPHEN N. LIMBAUGH, Jr., Judge.

This proceeding arises from an underlying personal injury suit brought by Randy Piveral against MW Builders, Inc. (MWB). MWB seeks a writ to bar the exercise of subject matter jurisdiction over Piveral’s common law tort claim and asserts that Piveral is a statutory employee as defined under sections 287.040.1 and 287.040.3, RSMo 2000, that Missouri’s Workers’ Compensation Law is Piveral’s exclusive remedy, and that jurisdiction rests solely with the Missouri Labor and Industrial Relations Commission. The trial court denied MWB’s motion to dismiss, and the court…