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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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