safe work environment

karenmc

Does anyone know the outcome of Wingfoot Enterprises v. Alvarado, Case No. 01-0825? It invloved a temp employee receiving workers comp from her agency then suing the company where she was placed for unsafe work environment.

bely

The Texas precedent I have is from 9/22/03; Vargas v. Stone Container Corp WL 21961180 (W.D. Tex. Aug. 5, 2003 / Texas Federal Court): the court ruled that because the customer controlled and supervised the worker at the time of work-site injury, the worker was a borrowed servant of the customer...under the borrowed servant doctrine, a person who is generally employed by one entity but is placed under the control of another employer becomes a borrowed servant...and the employer who controls the employee's work at the time of injury will be immune from common-law liability under the exclusive remedy provision of the workers' compensation law ... as a result the court held that the employee's negligence claims were barred by the workers' compensation law.

bely

Here's the link to your specific case:

[url]http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=tx&vol=/sc/010825&invol=1[/url]