Court Finds No Basis For Contract Worker’s Tort Claims Against Valero Refinery

NEW ORLEANS — A federal judge cited contract language in ruling that a construction worker allegedly injured by exposure to chemical fumes at a Valero refinery was the refinery’s statutory employee at the time of injury and, thus, can’t pursue tort damages. Alvarez v. Valero Refining-New Orleans LLC, et al., No. 11-2836 (E.D. La.).

Judge Sarah S. Vance of the U.S. District Court for the Eastern District of Louisiana granted Valero Refining-New Orleans’ motion for summary judgment July 31, ruling that Lazero Alvarez’s sole remedy was through Louisiana’s workers’ compensation scheme.

Alvarez complained that he was injured by an unexpected …