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COA rules workers’ comp is remedy for temporary employee

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A man who suffered severe heat stroke while working as a temporary employee failed to convince the Indiana Court of Appeals this his only employer was the temp agency.

Brian Frontz filed a lawsuit against Middletown Enterprises Inc. after he sustained permanent injuries while working for the company. He argued the Worker’s Compensation Act was not the avenue for him to file a claim against Middletown because Wimmer Temporaries Inc., the company that had assigned Frontz to work for Middletown, was his sole employer.

Blackford Superior Court disagreed and granted summary judgment for Middletown.

On appeal, Frontz asserted the trial court erred in finding that Middletown was his joint employer.

In Louise Frontz, Guardian of the Person and Estate of Brian O’Neal Frontz, and Brian Frontz v. Middletown Enterprises, Inc., d/b/a Sinclair Glass, 05A04-1307-PL-364, the Court of Appeals disagreed and affirmed the trial court’s ruling.

Pointing to Kenwal Steel Corp. v. Seyring, 903 N.E.2d 510, 515 (Ind. Ct. App. 2009), which found that Ind. Code 22-3-6-1 establishes the lessee of temporary employees is a joint employer, the Court of Appeals found that Frontz’s only remedy is to file workers’ compensation claims against both his employer and the company to which he was leased.

“The trial court relied on Kenwal in deciding that Wimmer and Middletown were joint employers of Frontz because Wimmer, as a professional employment agency that provides temporary workers to other businesses, was the lessor and Middletown was the lessee of Frontz,” Judge Melissa May wrote for the court. “Frontz invites us to reconsider our decision in Kenwal, but we decline his invitation.”
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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