Committee moves bill to restore manual‑labor workers' comp coverage after McBride decision, amid language concerns

House Bill 185, presented March 19, would amend the workers' compensation code to ensure that independent contractors or employees of independent contractors "substantially engaged in manual labor" are covered — a response to the Louisiana Supreme Court's McBride v. Old Republic decision.

Larry Freeman, chief deputy attorney general, said the McBride decision created a gap in coverage in which an owner of an independent contracting company could be covered by the prime contractor's workers' comp while an employee of that independent contractor would not. Freeman used a hypothetical in which both people performed identical manual labor after an industrial accident; under McBride the employee could be left without workers' comp. "This bill is designed to give the same protection to the employee of the independent contracting company as we afford to the owner of the independent contractor," Freeman said.

Several groups representing injured workers and labor expressed support for the bill's intent but warned that the draft language — particularly a paragraph (B) that treats employees of independent contractors as independent contractors — could unintentionally expand the independent‑contractor category and create gaps. Robin Krumholtz and Steve Wanko, representing injured‑worker interests, said the way the language is written could leave unsophisticated workers without benefits if employers misclassify their workforce.

Sponsors said the measure is intended to restore the law to pre‑McBride coverage and that they are open to tightening the language to address concerns. The committee reported HB185 with amendments and will send it to the House floor.