The opinion rendered in this case by the Court of Appeals includes an excellent recitation of the facts. Lamar v. Fowler Trucking, 956 So.2d 911, 2006 WL 853294, 2006 Miss.App. LEXIS 249, 2004-CA-00280-COA (Miss.Ct.App. 2006). We provide the following abbreviated version.

Because the Mississippi Court of Appeals found that Roy Anderson Construction Company had complied with the statute under the particular facts presented, does not necessarily mean that the contractor could not have availed itself of the MWCA protections had it acted less decisively to ensure compensation coverage for the subcontractor's workers. This court finds a better reading of the current standard in Judge Leslie Southwick's concurrence in the case of Lamar v. Thomas Fowler Trucking, Inc., 956 So.2d 911, 927 (Miss. Ct. App. 2006). The Mississippi Supreme Court affirmed the appeals court's ruling, but disagreed with the majority's reasoning.

The exclusive remedy provision may also apply to other statutory employers "up-the-line" from an immediate employer where they were also required by the law to provide workers’ compensation coverage. Lamar v. Thomas Fowler Trucking Inc. , 956 So. 2d 911, 919 (¶21) (Miss. Ct. App. 2006). ¶11.