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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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