Crocker v. Riverside Brick & Supply Co., Inc.

Summary

The Supreme Court of Virginia held that a truck driver injured while assisting with the unloading of freight at a customer's facility was not the customer's statutory employee under the Virginia Workers' Compensation Act. Because unloading was the customer's sole responsibility and the driver's employer had no duty to unload the trailer, the customer was an "other party," and the driver's tort action was not barred by workers' compensation exclusivity.

Holdings

1. Crocker was not Riverside's statutory employee because unloading the freight was solely Riverside's responsibility, and Crocker was engaged only in the business of Jevic.
2. The Workers' Compensation Act did not preclude Crocker's tort action against Riverside because Riverside was an "other party," not her statutory employer.

Questions Presented

1. Whether Crocker was Riverside's statutory employee under Code § 65.2-302(A) because she assisted Riverside employees in unloading the delivered pallets.
2. Whether the Virginia Workers' Compensation Act barred Crocker's personal-injury tort action against Riverside.

Disposition

reversed_and_remanded