Temporary and lessee worker same under act

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In what appears to be the first time the Indiana Court of Appeals has been presented with a joint employer argument in the context of Indiana Code Section 22-3-6-1(a), the Worker's Compensation Act, the appellate court determined that "temporary employee" and "leased employee" are not mutually exclusive terms and are interchangeable.

The main issue in Kenwal Steel Corp. v. John M. Seyring, No. 45A03-0806-CV-294, is whether Elwood Staffing, a staffing agency that places temporary employees, and Kenwal, where Seyring was placed, were joint employers for purposes of the Workers' Compensation Act.

Seyring was injured in an accident while working at Kenwal, filed a worker's compensation claim against Elwood, and filed a complaint alleging Kenwal was negligent. Default judgment was entered against Kenwal; Kenwal's motion to set aside default judgment was granted, but the trial court denied its motion to dismiss.

Kenwal's argument is that because Seyring was a temporary employee, Elwood and Kenwal were joint employers pursuant to I.C. 22-3-6-1, and as his joint employer, the act provides the exclusive remedy for his injuries. The company also argued within the context of the act, temporary employees are equated to leased employees. Seyring argued that temporary employees and leased employees, the term used in the act, are not interchangeable.

The appellate court examined the statutory language of the Workers' Compensation Act and the "Guide to Indiana Worker's Compensation" handbook to rule that the act's reference to "lessor" and "lessee" isn't meant to exclude temporary employees. As such, Elwood was the lessor of Seyring, Kenwal was the lessee, and they were joint employers of him for purposes of the act, wrote Judge Michael Barnes. Seyring is therefore limited to the exclusive remedy provision of the act.

The appellate court also determined Kenwal didn't intentionally waive its right to enforce the exclusive remedy provision of the act in the terms of the company's contract with Elwood. Nothing in the contract could be construed to suggest the company intentionally relinquished its right to enforce that provision of the act, wrote the judge.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...