Maguire v. Dominion Development Corp.

Ruffin, Judge.

This appeal presents the issue of whether an injured worker can sue a statutory employer in tort after that employer has successfully defeated a claim for workers’ compensation benefits based upon the *716worker’s failure to follow proper procedures. We hold that he cannot.

In 1993, Timothy Maguire began working with two of his relatives, Brent and Dwayne Eiland, in the construction business. The three men heard about a construction project for Dominion Development Corporation at Bristol Park Apartments, and, on February 2, 1994, they went to the construction site to inquire about…