Court Dismisses Contract Welder's Suit Against 'Statutory Employer'

NEW ORLEANS - A federal judge has ruled that Louisiana's Workers' Compensation Act immunizes an oil refinery from a personal injury suit filed by a welder allegedly injured by fumes while working for the refinery's outside contractor. Garcia v. ExxonMobil Oil Corp., No. 06-537 (E.D. La.).

Judge Carl J. Barbier of the U.S. District Court for the Eastern District of Louisiana on Aug. 29 granted ExxonMobil Oil Corp.'s motion for summary judgment on claims by Albino Garcia that he was injured by exposure to sulfur dioxide while assigned to the refinery under a contract between ExxonMobil and Garcia's employer.

Garcia …