Toxic Tort Claims of Contract Technician Barred by Workers’ Comp Act, 5th Cir. Holds

NEW ORLEANS — The 5th Circuit U.S. Court of Appeals has affirmed an award of summary judgment to Honeywell International Inc. on tort claims asserted by a contracted repair technician who alleged that he was exposed to toxic fumes while upgrading an air compression system at one of the company’s facilities.

In its March 18 decision, the federal appeals panel ruled that technician Brian Simmons failed to rebut the statutory presumption that his contract conferred upon Honeywell an employer status that bars him from seeking remedy outside the state worker’s compensation system.

Simmons, an Ingersoll-Rand employee, was working as a …