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Court Revives Staffing Agency Worker's Tort Claim Against Temp Employer

By WorkCompCentral

Wednesday, June 13, 2018 | 163 | 0 | 681 min read

The Pennsylvania Superior Court revived a worker’s tort claim against his temporary employer, finding a triable question as to whether the employer exercised enough control over the worker to make him a “borrowed employee.” Case: Gardner v. MIA Products Co., No. 517 MDA 2017, 05/20/2018, published. Facts and procedural history: Eric Gardner worked for DelVal Staffing, a temporary employment agency. The agency sent him to work for the MIA Products Co. His work at MIA involved carrying food items from a walk-in freezer to be packed for shipment. Gardner slipped and fell whil...

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