A New York appellate court held there was conflicting evidence as to whether the plaintiff’s employer had the right to exercise control over a construction worker who was performing sheetrock work at the employer’s premises. Accordingly, the trial court did not...
Where a worker entered into a contract with a labor broker that specified that the worker would be subject to the control of the firm to which he was assigned, that the firm to which he was assigned would be considered his “special employer,” that he...
Where a plywood manufacturer recruited a worker as a candidate for a mechanic position in its maintenance department, undertook the right to control the worker’s day-to-day work activities, controlled the work the worker performed and paid him an hourly wage, but...
Where a defendant contracted with Manpower Group US (Manpower) regarding the services of a worker and controlled and directed the manner, details, and ultimate result of the worker’s work, it was the worker’s special employer and, therefore, it was also immune...
Holding that a borrowing employer is not always the “employer” of a worker assigned to it by a temporary help agency, at least for purposes of the exclusive remedy provisions of the state’s Workers’ Compensation Act, a Wisconsin appellate court held the injured...
Where an employee was shot and killed by a co-employee on the special employer’s premises for no apparent reason—the two hardly knew each other and had no difficulties with each at work—the death did not arise out of and in the course of the employment. Accordingly...
Stating the general rule, that for purposes of the N.Y. Workers’ Compensation Law, the receipt of workers’ compensation benefits from a general employer precludes an employee from commencing a negligence action against the special employer, a New York appellate...
An “alternate employer endorsement” written into the workers’ compensation insurance policy maintained by an employment staffing company that named the defendant special employer as an additional insured satisfied the requirements of Mass. Gen...
An Arkansas appellate court held that the state’s Workers’ Compensation Commission did not err when it determined that a deceased worker was the defendant-company’s “special” employee since, at the time of the worker’s fatal injury, the defendant-company had the...
A temporary worker employed by an agency, who was assigned as a coat checker at the Faculty House of Columbia University, could not maintain a tort action against the university for injuries she sustained when she tripped over a threshold near the Faculty House...
Applying Professor Larson’s three-part test for assessing whether a special employee relationship has formed, a New Jersey appellate court found that a golf course superintendent was the employee of both a management company that operated a golf club and the golf...
That an employer referred in its Policies and Procedures Handbook to its commitment to provide a safe and health work place for its employees, that the Handbook also stated that safety rules and safe work practices were “not optional,” and that the employer had...