Scotty Bailes Builder v. Allen H. Davis

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(1) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issue before us is whether the Plaintiff, Scotty Bailes doing business as Scotty Bailes Builder, and Defendant, Allen Davis, agreed for Mr. Davis to have workers' compensation coverage during the roofing job in question. We think they did not and thus affirm. In November 1996, Mr. Davis, a subcontractor, heard that Mr. Bailes, a general contractor, needed a roofer. After meeting with Mr. Bailes, Mr. Davis prepared a proposal, and the parties met on November 13, 1996, although what occurred at this meeting is disputed by the parties. Mr. Davis contends that he, along with two other men, met with Mr. Bailes, but Mr. Davis asserts that he was never asked to sign a form indicating that he did not desire workers' compensation coverage until after his injury. However, Mr. Bailes argues that Mr. Davis, a subcontractor, met with him and his assistant, and Mr. Davis verbally declined workers' compensation coverage for himself, although Mr. Bailes explained that he was required to obtain workers' compensation coverage for Mr. Davis's employees. Mr. Bailes insists that he repeatedly attempted to obtain from Mr. Davis the proper paperwork