Wagner v. State

OPINION

CATTANI, Judge:

¶ 1 In this appeal, we address whether an employee of a private contractor working in a state-owned prison is a statutory employee of the State such that workers’ compensation, rather than a tort action against the State, is the exclusive remedy for injuries sustained at work. We hold that, because the State in this case retained the right to control or supervise the contractor’s work, and because the services constitute a part or process in the usual and regular course of the State’s business, the employee was a statutory employee of the State and could not pursue a…