Tort/Negligence – Wrongful Death – Workers’ Compensation – Exclusivity Provision – Contract – Management Company Employee

Tort/Negligence – Wrongful Death – Workers’ Compensation – Exclusivity Provision – Contract – Management Company Employee (access required)

Taft v. Brinley’s Grading Services, Inc. The “Employee Leasing Agreement” between the defendant-grading company and a management company said plaintiff’s decedent was an employee of only the management company and that he was subject to the direction and control of the management company. The agreement creates uncertainty as to whether the decedent was also a “special employee” of the grading company such that the Workers’ Compensation Act’s exclusivity provision would bar plaintiff’s wrongful death claim against the grading company.

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