Pool v. Dravo Coal Co.

GOLDEN, Justice.

The issue before us is whether a partnership employee who has received worker’s compensation benefits for a work-related injury may maintain a tort action against an individual partner which contracted with the partnership employer to manage the partnership’s day-to-day operations.1 The *1147resolution of this issue turns on whether a managing individual partner is an employer entitled to immunity from an employee’s tort action under the Wyoming Worker’s Compensation act or an independent contractor potentially liable to such action.

Kelly L. Pool (Pool), an employee of Carbon…