Employers Liability Assurance Corp. v. Davis

TATE, Judge.

This is a suit by the insurer of an alleged principal to be indemnified for workmen’s compensation benefits paid to an employee of the defendant Davis. The defendant denies liability on the ground that he was an employee and not an independent contractor of the principal. The trial court agreed with the defendant’s contention and therefore dismissed the suit. The plaintiff appeals.

The suit arises under LSA-R.S. 23:1061, 23:1063, of the Louisiana workmen’s compensation law. Under these provisions, a principal is liable to employees of independent contractors injured while in the…