The United States Court of Appeals for the Fifth Circuit last week annunciated a ten part test to in determining whether an injured worker was a "borrowed employee" under Louisiana law, thus imposing liability for one-half of all benefits on the "servant" employer.
In Us Fire Ins. Co. v. Miller (08/11/04 - No. 04-30002), Dyson was injured when a
car driven by defendant Kershia Miller crossed
the median and struck the vehicle Dyson was
driving. On the day of the accident, Dyson
was working at the work site for Liberty Services, Inc.
("Liberty")
and was
en route to pick up time sheets ...
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