Louisiana: Borrowed Employee May Not Sue Borrowing Employer in Tort

Observing that at least eight of the ten factual inquiries as to borrowed employee status pointed toward an employment relationship between the plaintiff, who sustained injuries within two hours of first reporting for work, and the defendant, which had contracted with an employment staffing agency to provide staffing at the defendant's facility, a Louisiana appellate court reversed a decision by a state trial court denying the defendant's motion for summary judgment. The court reviewed the ten-factor test underlying borrowed employment status found in Perry v. Perry & Sons Vault & Grave Service, 03-1519, p. 8 (La.App. 3 Cir. 5/12/04), 872 So.2d 611, 617, and found that in the instant case the factors predominated in favor of the employe-employer relationship. Summary judgment should have been rendered in favor of the defendant.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Bourque v. Tony Chachere’s Creole Foods of Opelousas, 20-371 (La.App. 3 Cir. 10/28/20), 2020 La. App. LEXIS 1559

See generally Larson’s Workers’ Compensation Law, §§ 67.01, 100.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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