Kevin D. Sexton appeals from a judgment dismissing his petition for damages for personal injuries for lack of subject matter jurisdiction. The court dismissed Sextons petition based on its finding that Sextons exclusive remedy, for injuries he sustained, was under the Workers Compensation Law. The respondents are Jenkins & Associates (Jenkins), the general contractor of the construction project, and several of Jenkins employees. Sexton was an employee of a subcontractor. Because this court finds that (1) Jenkins & Associates is the statutory employer of Sexton; (2) Sexton failed to plead any affirmative acts which amount to "something extra" beyond Jenkins duty to provide a safe workplace; and (3) Section 287.040.4 did not remove Jenkins civil immunity, the judgment of the trial court is affirmed.
