Gay Lynn Harris, Jr. v. Hemphill Construction Company, Inc.

Summary

The court held that Harris was not required to exhaust further administrative remedies before bringing his negligence action because the administrative proceeding concerned only workers’ compensation entitlement, not his common-law tort claims. It also held that Hemphill was immune from tort liability because it contractually required its subcontractor to obtain workers’ compensation insurance, and Harris’s decision to opt out of that coverage did not change his status as an employee or defeat Hemphill’s statutory immunity. The court therefore affirmed the dismissal of Hemphill.