X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Bruce Bliss worked for a temporary agency, Keystone Personnel Group, and was assigned to work for National Duct Systems, owned by NRG Industries, where he sustained a hand injury. Bliss was paid workers’ compensation benefits, then he sued both Keystone and NDS. NDS filed a summary judgment motion in which it alleged that it and Keystone were Bliss’ co-employers because both had the right to control over aspects of Bliss’ work. While Keystone dealt with all of Bliss’ human resources functions, NDS controlled the details of the Bliss’ job. The trial court granted NDS’ summary judgment motion on the ground that the workers’ compensation scheme provided Bliss’ exclusive remedy. The trial court severed the NDS claim, and Bliss appeals the summary judgment. HOLDING:Affirmed. The court relies on two Texas Supreme Court opinions: Wingfoot Enterprises v. Alvarado, 111 S.W.3d 134 (Tex. 2003), where the court addressed the fundamental question of who the employer of a temporary employee is for purposes of workers’ compensation purposes; and Garza v. Exel Logistics, Inc., 48 Tex. Sup. Ct. J. 544, 2005 WL 783433 (Tex. Apr. 8, 2005), where the court stated that an appeals court is to make such a decision by applying “traditional indicia, such as the exercise of actual control over the details of the work that gave rise to the injury.” Applying the same traditional indicia in this case, the court refers to the summary judgment evidence supporting NDS’ contention that both it and Keystone controlled certain aspects of Bliss’ job. NDS was in control of Bliss while he was on-site, which is where the injury occurred. Accordingly, Bliss was NDS’ employee for purposes of workers’ compensation and that injury. The court rejects Bliss’ other arguments that he was denied the right to a jury trial, his attorney’s counsel was ineffective and that he was denied due process rights. OPINION:FitzGerald, J.; Wright, FitzGerald and Lang-Miers, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.