Court: Workers’ Compensation Court
Trial Attorney: Michelle L. Duffield, Esq.
Brief Attorney: Michelle L. Duffield, Esq.
**Results may vary depending on your particular facts and legal circumstances**
Petitioner owned a roofing company, Brocco Roofing, that regularly performed work for ExxonMobil. On April 7, 2014, petitioner allegedly sustained an injury to his right knee and neck. He filed a workers’ compensation claim against ExxonMobil alleging that he was an employee of ExxonMobil, or in the alternative, was a subcontractor for ExxonMobil acting as a general contractor. From the outset, we denied the claim and took a firm no pay position. Petitioner submitted a settlement demand of 26 ½% permanent partial disability apportioned 22 ½% for the petitioner’s right leg and 15% for the cervical spine plus six months of temporary benefits for a total of $63,516.00 plus approximately $9,500.00 in attorney’s fees associated with the permanency and temporary benefits. After a full Trial, petitioner’s claim was dismissed with prejudice for failure to establish either an employer/employee relationship or a general contractor/subcontractor relationship.