Fixit Co, a four-person business, employs Wesley as a full-time mechanic. One day while welding a frame modification on a sports car, Wesley paid no attention to a clearly visible oil leak dripping from the engine compartment of the car. The welding torch ignited the oil causing a fire in which Wesley was badly burned. Which of the following BEST describes the rights of the parties?
A) Fixit is liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak.
B) Wesley cannot recover workers' compensation since federal law requires that an employer have at least 15 employees before he must provide workers' compensation benefits.
C) Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics.
D) Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment.
A
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