Workers Compensation

July 23rd, 2019 by Rieders Travis in Workers' Compensation

WORKERS' COMPENSATION-IMMUNITY-EXCLUSIVITY PROVISION OF 303(a) Burrell v. Streamlight, Inc., 2019 Pa. Super. LEXIS 1110 (November 7, 2019) Colins, J.  In this case, summary judgment was granted for defendant-employer and an appeal taken.  Under the borrowed employee doctrine, where a worker employed by one company is furnished by that company to perform work for another company, the latter company is his employer under the WCA if it has the right to control his work and the manner in which the work is done.  A company that is an injured worker’s employer under the borrowed employee doctrine is liable for payment of workers’ compensation benefits for his work injuries.  If there is conflicting evidence with respect to the supervision or control of the work, summary judgment cannot be granted.  In this case, it was a contract showing that the temporary placement company hired and paid the plaintiff, but that defendant worksite had the right to control plaintiff’s work and the manner in which it was performed.  There was no issue of dispute, and the case was properly thrown out. WORKERS’ COMPENSATION-SUBROGATION-COOPERATION OF EMPLOYEE Hartford Ins. Group v. Kamara, 2018 Pa. LEXIS 6033…