Samuel v. Baitcher

Sognier, Judge.

Appellant Samuel suffered an on-the-job injury in September, 1974, in the course of his employment as a waiter for The Flame Restaurant, a corporation owned and operated by Daniel and Barbara Baitcher. The Flame was legally required to carry workers’ compensation insurance and Samuel made a timely claim for payments, subsequently receiving an award and judgment. However, The Flame had no workers’ compensation insurance in effect at the time of Samuel’s injury. It was also bankrupt, out of business, and unanswerable for damages. Samuel then filed this tort action for money…