Yancey v. JTE Constructors, Inc.

In this appeal, we determine whether the trial court erred in holding that a general contractor was the statutory employer of a subcontractor’s injured employee.

The Virginia Department of Transportation (VDOT) contracted with JTE Constructors, Inc. (JTE) to design, furnish, and install a sound barrier wall on Interstate Highway 66. JTE, as prime contractor, executed a subcontract with the Reinforced Earth Company (RECO) to design, manufacture, and deliver sound barrier wall panels to the job site.

John H. Yancey, an employee of RECO, was at the construction site inspecting one of the three-ton…