Attorneys obtained summary judgment for a general contractor in a suit for injuries sustained on a construction site by a temporary worker

Attorneys obtained summary judgment for a general contractor in a suit for injuries sustained on a construction site by a temporary worker. Claimant was severely injured on the job and received workers compensation benefits until it was discovered and verified that he had smoked marijuana while on break minutes before the accident. After his benefits were terminated for the presumption of being under the influence allowed by statute, he formally filed for workers compensation benefits which were again denied, After yet another petition was filed he attended a voluntary mediation wherein he settled with the workers compensation carrier and temporary staffing agency, drafting a release that purportedly reserved the right to file a 3rd party claim against our client. He did so, filing a negligence action. In response to the motion for summary judgment plaintiff argued that his workers compensation claim was not fully adjudicated as the general contractor was not a party, and that his settlement specifically excluded our client from the release. The court granted summary judgment after oral argument, finding that his settlement of his workers compensation claim barred the 3rd party action.