Dustin Wright v. Excel Paralubes

EDITH H. JONES, Circuit Judge:

This case requires us to determine whether a non-operating partner in a joint-venture qualifies as a “statutory employer” as that term is used in the Louisiana Workers’ Compensation Act (“LWCA”), La. Stat. Ann. 23:1021 (2014) et seq., even though the operating partner signed a contract with a contractor that did not specifically designate the non-operating partner as a “statutory employer.” Holding that the plaintiff has not overcome the presumption that the non-operating partner is a statutory employer, we affirm.

BACKGROUND

Excel Paralubes (“Excel”), a Texas…