When a tornado struck at an air show in Polk County four years ago, a worker took shelter inside a security guard shack. But that shack did not provide the protection she’d hoped. It was instead lifted off the ground, overturned and tossed into a nearby ditch by the powerful storm.
The injuries she sustained were clearly compensable under workers’ compensation laws. After all, there was no dispute she had been working (as a security guard) at the time of the incident. She made a claim for – and received – workers’ compensation benefits from her employer, a security firm.
However, the question that would later arise in Slora v. Sun ‘N Fly-In, Inc. was whether the organizer of the airshow was also considered an employer. Of course, it was not her direct employer. But when the injured security guard filed a third-party liability lawsuit against the air show organizer, the company asserted it was a contractual employer. Continue reading ›