Samaoya v. Gallagher

Angel Samaoya (plaintiff) was employed as a house painter for Marino’s Painting. On June 30, 2003, Samaoya fell off a ladder while working on a house renovation and suffered an injury. The property on which Samaoya was performing renovations was owned by New England Realty Enterprises, L.L.C. (NERE). Jeffrey Farnham, acting on behalf of NERE, hired Marino’s Painting to perform the work. William Gallagher (defendant) owned his own business, Gallagher Construction (GC), and was the general contractor for the project, as listed on the town records. Gallagher instructed workers on painting and made payments to Marino’s Painting for the work performed. After Samaoya suffered the injury, he filed for workers’-compensation benefits against Marino’s Painting and Gallagher. The workers’-compensation commissioner (the commissioner) determined the following: (1) Marino’s Painting was hired by either GC or NERE through Farnham; (2) Gallagher and Farnham procured work to be done on the property where the injury occurred; (3) the work Marino’s Painting was responsible for was part of the trade or business of a subcontractor; and (4) Gallagher or Farnham, or both, controlled the premises. The commissioner found that Gallagher, GC, Farnham, and NERE were principal employers (PEs) and were thus liable for workers’-compensation benefits not paid by Marino’s Painting. Gallagher appealed to the workers’-compensation board (the board). The board affirmed the commissioner’s decision. Gallagher appealed, arguing that he was not a PE of Samaoya, he did not hire Marino’s Painting or control the premises, and the findings should have been void for uncertainty.