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...
A tort action filed by a worker who had been assigned to a firm that utilized forklifts in its warehouse area cannot proceed since the worker's exclusive remedy was pursuant to the New Jersey Workers' Compensation Act, held a state appellate court. The...
A borrowed servant may not recover in tort against the "regular" employees of the borrowing employer, held a Georgia appellate court. Accordingly, a state trial court erred when it refused to grant summary judgment in favor of a defendant-employee of...
A Pennsylvania appellate court affirmed a trial court’s decision granting summary judgment to the defendant corporation on the basis of the state’s application of the so-called “borrowed employee” doctrine since the plaintiff had been employed...
An auto liability insurer need not defend a wrongful death action filed against its insured, a corporation that had temporarily borrowed an employee of a separate, but related corporate entity to drive one of its vehicles. Because the borrowed driver was considered...
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...
Construing Louisiana law, and applying the ten-factor test established by the Fifth Circuit Court of Appeals in U.S. Fire Ins. Co. v. Miller , 381 F.3d 385, 388 (5th Cir. 2004), a federal district court found that a worker assigned to the defendant’s pipe...
The Supreme Court of Montana, construing what some saw as an inconsistency between the state’s workers’ compensation law and its Constitution, held that both parties to an employee leasing arrangement — the employee leasing firm and its client...
Waiver or “disclaimer” clauses, typically found in the employment agreements of New Jersey workers that work for employment services firms, pursuant to which the employee prospectively waives third-party claims against the employer’s customers...
An employee may have more than one employer, held a Pennsylvania appellate court. Accordingly, where a worker was hired by a firm that supplied temporary workers to other businesses and governmental entities and, after being assigned to a township, the worker sustained...
Where a truck driver was employed by a trucking company that, in turn, contracted with a building materials supplier to provide delivery services related to materials purchased at the supplier’s stores, the building materials supplier was the driver’s...
The widow and the estate of a construction worker may not pursue a wrongful death action against a construction staffing company regarding the worker’s death in a work-related accident where the worker interviewed directly with one of the staffing company’s...
Where a worker was employed by a subcontractor who supplied staff to an employer that set the worker’s schedule, assignments, and training, the employer was the worker’s statutory employer and, since it was a workers’ compensation subscriber,...
Where corporation A supplied licensed truck drivers to corporation B—an affiliated entity—under a three-year agreement under which the drivers worked at B’s facilities, but remained employees of A, who paid the drivers their wages and taxes, and retained total...
The Fifth Circuit Court of Appeals affirmed a federal district court’s grant of summary judgment in favor of a borrowing employer who had been sued by its borrowed employee, a welder, after the welder sustained injuries when gasses exploded while he was performing...