Rodrigues-Novo v. Recchi America, Inc.

Summary

The District of Columbia Court of Appeals certified to the Maryland Court of Appeals the question whether the Washington Metropolitan Area Transportation Authority was a statutory employer under Maryland's Workers' Compensation Act and therefore immune from a negligence suit. The certification order discusses whether WMATA had the requisite principal contract, whether construction was part of its trade or business, and whether the public-utility exception applied.

Holdings

1. Maryland law governs the dispute.
2. The court did not decide whether WMATA was a statutory employer. It certified that controlling question to the Maryland Court of Appeals because Maryland law did not clearly resolve whether the WMATA funding agreement or WMATA Compact constituted the required antecedent contract and whether the construction work was part of WMATA's trade, business, or occupation or fell within the public-utility limitation.
3. The Superior Court did not abuse its discretion in permitting the statutory-employer defense to be raised after the original answer.

Questions Presented

1. Whether Maryland or District of Columbia workers' compensation law governed the statutory-employer immunity issue.
2. Whether, under the circumstances and documentary evidence in the record, WMATA was a statutory employer under the Maryland Workers' Compensation Act and therefore immune from the negligence action.
3. Whether the Superior Court abused its discretion by permitting the defendants to raise the statutory-employer defense after it was not included in the original answer.

Disposition

other