But that is the only duty such an agency owes to its temporary workers, Lycoming County Common Pleas Court Judge Clinton Smith said in Kappas v. Andritz Inc., PICS Case No. 00-0507 (C.P. Lycoming March 17, 2000) Smith, J. (21 pages). He warned that a higher degree of responsibility would put an unfair financial burden on temp agencies and give opportunistic claimants just one more excuse to seek workers’ compensation benefits.

Smith’s decision set a standard for other common pleas court judges to use when deciding summary judgment motions in similar cases.