Case name: Zaragoza v. BASF Construction Chemicals, LLC, No. 08-96 (E.D. Pa. 02/03/09).
Ruling: The U.S. District Court, Eastern District of Pennsylvania granted a chemical company's motion for summary judgment in a temporary worker's personal injury action.
What it means:
If an employee passes under the borrowing employer's right of control with regard to the work to be performed, he becomes the employee of the borrowing employer instead of the lending employer.
Summary: A temporary worker at a borrowing employer's facility sustained serious injuries in a slip-and-fall accident. He was sued the borrowing employer for his personal injuries. The borrowing employer argued that it was immune from the suit because it was the worker's statutory employer under the Pennsylvania Workers' Compensation Act. The District Court agreed.
The District Court determined that the borrowing employer was the temporary worker's statutory employer because it had the right to instruct and control his day-to-day activities while at the facility. Even where the parties have contractually agreed that a borrowed employee is to remain an employee of the lending employer, the borrowing employer is still the employer for workers' compensation purposes.
Because the borrowing employer was the temporary worker's statutory employer, his personal injury suit was barred by the exclusivity rule.
April 2, 2009
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