Lott v. ACE POST COMPANY, INC.

Sognier, Judge.

Mary Ann Lott brought this action against Ace Post Company, Inc. (Ace Post) seeking damages for the wrongful death of her husband. The trial court granted summary judgment in favor of Ace Post and Lott appeals.

Appellant’s decedent was a wood and post cutter, who was paid by appellee according to the amount of wood he delivered. By mutual agreement of the parties, appellee deducted from decedent’s pay an amount which appellee applied to its workers’ compensation insurance plan to provide coverage to appellant’s decedent under appellee’s workers’ compensation policy. The decedent…