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Click here for the full text of this decision FACTS:Jimmy R. Neal appealed from a summary judgment taken against him in his personal injury lawsuit against Wisconsin Hard Chrome, Inc., d/b/a Texas Hard Chrome, Inc. and/or Texas Hard Chrome, Inc. (Chrome). He alleged that Chrome’s negligence exposed him to heavy metals, chemicals and other toxic substances. Chrome asserted that the action was barred, because Chrome was a subscriber under the Workers’ Compensation Act, and thus Neal’s exclusive remedy was under the act. Neal argued that Chrome was not his employer, and that Chrome was thus subject to tort liability for its negligence in exposing Neal to deadly toxins. At issue was whether Neal was a joint or dual employee of Scot Industries and Chrome. The evidence showed that in 1976 Scot Industries created a business entity identified as Wisconsin Hard Chrome (which was also d/b/a Texas Hard Chrome, Inc.) and that Chrome leased space inside the Scot Industries manufacturing facility and chrome plated items made by Scot for sale. It was undisputed that both Scot Industries and Chrome were subscribers under the Workers’ Compensation Act. Neal sought worker’s compensation benefits through Scot Industries. Chrome had contracted for the hire of Neal through Scot Industries, which paid for his labor. In response to requests for admissions, Chrome admitted Neal had never been an employee of Wisconsin Hard Chrome d/b/a Texas Hard Chrome or of Scot Hone Corp. HOLDING:Affirmed. The court examines the applicable law and finds it clear that it is possible for both Chrome and Scot to be Neal’s employers for purposes of the act. It is also clear to the court that, because both entities were covered by workers’ compensation, employees (as defined by the act) of both entities can only recover under the terms of the act. The court further finds that an employee of one company under a contract of hire to the other company, when both have workers’ compensation coverage, is restricted to recovery under the act as a matter of law. The court states that the question in this case is whether there is a fact issue on whether Chrome placed itself outside the protection of the Act by affirmatively stating in its responses to requests for admissions that Neal has never been its employee. The court points out that a question asking whether a person is an employee of a company at a particular time would ordinarily be a request to admit a factual matter. Under Neal’s theory of the case as articulated before the trial court and on appeal, however, the court finds that the request asks Chrome to admit a legal conclusion that Neal has never been an employee for workers’ compensation purposes. The court states that requestors may not compel parties to answer legal conclusions. Under this state of the record, the court holds that Chrome’s admissions had no effect. Thus, Chrome conclusively proved that it was an employer of Neal and that he was covered by workers’ compensation insurance while in its employ. The court holds that that is sufficient to show that Neal’s exclusive remedy was through the workers’ compensation system. OPINION:Ross, J.; Morriss, C.J., Ross and Carter, JJ. DISSENT:Carter, J., dissenting. “I would find that the admission is binding and raises material facts which preclude the granting of summary judgment. I respectfully dissent.”

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