Elvira R. Gonzalez v. O and G Industries, Inc.

Summary

The dissent agrees that the statutory term requiring a principal employer to have “paid” compensation benefits means the employer must bear the entire cost of those benefits to obtain statutory immunity. It disagrees with the conclusion that no genuine issue of material fact existed regarding whether the defendant bore that cost, emphasizing evidence that the contractor-controlled insurance program may have shifted or recouped the insurance expense from subcontractors. The dissent would reverse and remand for denial or reconsideration of summary judgment. Justice Eveleigh, dissenting, would have found a factual dispute concerning who ultimately bore the insurance costs.