Cooley v. Power Construction Co., LLC

Plaintiff was working as an employee of 3rd-party defendant on a construction project and was injured when he was unloading a window that his employer was going to install at the project. Plaintiff filed workers' compensation claim and received benefits. In negligence case Plaintiff filed against general contractor for project, 3rd-party defendant waived its limited liability status but not its statutory workers' compensation lien rights. Indemnification provision in subcontract agreement lacks any specific reference to lien or to any intention that lien be waived. A specific referent to the lien in a waiver provision is required before the lien can be deemed waived.(PIERCE and HARRIS, concurring.)