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Tennessee: Roofer Not “Temporary Worker” Under Terms of General Liability Policy

A worker engaged to assist the owners of a commercial building with the recoating of the building’s roof was an “employee” and not a “temporary worker” within the meaning of a commercial general liability policy,” held a Tennessee appellate court recently. Owners of...

Payroll Company Liable for Temp Worker’s Injuries: Cal. Comp. Cases July Advanced Postings (7/10/2014)

Here’s the third batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Monarch Consulting, Inc., dba PES Payroll...

Indiana: Temporary Worker’s Tort Suit Against Employer To Whom He or She is Assigned Held Barred

Citing earlier precedent from the state’s Supreme Court, the Court of Appeals of Indiana held that for purposes of the Workers’ Compensation Act a “leased” or temporary employee is generally considered the joint employee of both the “lessor” and “lessee,”...

New York: Temporary “Leased” Employee Barred From Suing Borrowing Employer

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 reception area since she was already receiving...

New York: Special Employer Is Immune From Tort Liability Related to Temporary Employee’s Injuries

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 court affirmed a trial court’s...

Georgia: Parent’s Wrongful Death Action for Negligent Hiring of Convicted Felon May Proceed

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, the exclusive remedy...