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West Virginia Supreme Court Applies Special Employer Rule to Find Temporary Employer Immune From Common Law Suits

By H. Dill Battle, III The Supreme Court of Appeals of West Virginia recently decided that a second employer can be considered a “special employer” giving rise to special employment status for workers’ compensation immunity purposes. The specific issue of whether a temporary employer...

Montana: Extension of Tort Immunity to Professional Employer Organization Does Not Violate State Constitution

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 — are immune from tort liability...