Prevost v. Hess Oil Virgin Islands Corp.

MEMORANDUM OPINION

The question we decide herein is whether federal labor laws preempt application of the borrowed servant defense to the exclusive remedy provisions of the Virgin Islands Workmen’s Compensation statute. We conclude that they do not, and because no other facts are in dispute, this case must be dismissed.

I. FACTS AND PROCEDURAL BACKGROUND

The circumstances under which this matter comes back to us can be gleaned from Prevost v. Hess Oil Virgin Islands Corp., 640 F. Supp. 1220 (D.V.I. 1986) (“Prevost I”), rev’d and remanded sub nom. Nieves v. Hess Oil Virgin Islands Corp., 819 F.2d…