Ct. No. C05-02210) A temporary employment agency assigned appellant Kenneth Johnson to work for respondent John Deere Landscapes, Inc. (John Deere). He further contends John Deere is bound by the initial determination of its workers' compensation carrier that John Deere was not Johnson's employer. Labor Connection did not direct the manner in which Johnson performed his daily assignments for John Deere, and Johnson did not undertake work on his own initiative. John Deere argued that the undisputed facts established as a matter of law that it was Johnson's special employer, rendering John Deere immune from tort liability for Johnson's injuries. Johnson contends that the "admission" by John Deere's workers' compensation carrier that John Deere was not Johnson's employer vitiates the affirmative defense based on workers' compensation exclusivity.

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