Tew v. E.B. Davis Electric Co.

TYSON, Judge.

Defendant, E.B. Davis Electric Company (“Davis Electric”), contracted with Pembroke State University to serve as electrical contractor for construction of a new building. Davis Electric hired Mr. Junius Burney (“Burney”) as a subcontractor for this project. Davis Electric failed to secure a certificate of compliance or written waiver regarding workers’ compensation coverage from Burney.

Plaintiff, Mitchell Tew (“Tew”), had worked with Burney doing side jobs on four or five occasions in the previous nine or ten years. Burney asked Tew on 10 February 1995 to work with him on the…