ILNews

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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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