Miles A. Mathis, Jr., Theresa Mathis v. Bowater Incorporated

I disagree with the majority’s conclusion that Bowater Incorporated is a statutory employer entitled to the exclusive remedy provisions of Tennessee workers’ compensation law. I therefore respectfully dissent.

The policy behind Tenn.Code Ann. § 50-6-113 (1992) is

to insure as far as possible to all workers payment of benefits when they [are] injured in the course of their employment. ... The section passes coverage from employers who might not have coverage to intermediate or principal contractors who do have coverage. This prevents employers from contracting out normal work simply to avoid…