JAMES WATSON, APPELLANT,
v.
JOB CORP., AND RES-CARE, INC., APPELLEES
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The court held that the defendant employer was entitled to workers' compensation immunity for the plaintiff's injuries because the plaintiff was a borrowed servant.
Plaintiff, a nurse placed by a temp agency, was injured while working for defendant. The trial court granted summary judgment for the defendant, findi…
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PER CURIAM.
James Watson appeals the entry of an adverse summary judgment in which his personal injury claim was barred by workers’ compensation immunity. We affirm because Watson was a borrowed servant and his former employer is entitled to immunity from tort liability.
Nurse Finders, a temporary employment agency, placed Watson with Job Corp. to work as a nurse. Watson was later injured while on the job at Job Corp. and sued Job Corp. for negligence. The trial court granted summary judgment in Job Corp.’s favor, finding that Job Corp. was entitled to workers’ compensation immunity.
Section 440.11(2), Florida Statutes (2002), extends an employer’s immunity from tort liability to work related injuries of employees obtained through a help supply services company and also applies to companies that hire workers through temporary employment agencies. See B.E.T. Plant Servs., Inc. v. Dyer, 678 So. 2d 841, 842 (Fla. 3d DCA 1996); Caramico v. Artcraft Indus., Inc., 727 So. 2d 348, 349 (Fla. 5th DCA 1999). It is undisputed that Nurse Finders supplied Job Corp. with temporary help and that Watson was an employee under Job Corp.’s direction and control at the time he was injured. Watson was thus a borrowed servant of Job Corp. Therefore, Job Corp. is entitled to the statutory employer immunity.
Affirmed.
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ST. Lucie Falls Prop. Owners Ass'n v. Morelli, 956 So. 2d 1283 (Fla. 4th DCA 2007)…in each of the cases holding that an employer was entitled to immunity under section 440.11(2), there appears to have been a direct contractual relationship between the defendant and the help supply services company. See, e.g., Watson v. Job Corp., 840 So. 2d 367, 368 (Fla. 3d DCA 2003) (“It is undisputed that Nurse Finders supplied Job Corp. with temporary help and that Watson was an employee under Job Corp.’s direction and control at the time he was injured.”); see also Caramico v. Artcraft Indus., Inc., 7…
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Biggins v. Fantasma Prods., 943 So. 2d 952 (Fla. 4th DCA 2006)…ee leasing companies. Further, in each of these cases, the employer had an express contractual arrangement with the company supplying the employees. See, e.g., Folds v. J.A. Jones Constr. Co., 875 So. 2d 700 (Fla. 1st DCA 2004); Watson v. Job Corp., 840 So. 2d 367 (Fla. 3d DCA 2003); Caramico v. Artcraft Indus., Inc., 727 So. 2d 348 (Fla. 5th DCA 1999); Maxson Constr. Co. v. Welch, 720 So. 2d 588 (Fla. 2d DCA 1998). In dicta, this Court has commented that the definition of a help supply services company shoul…
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Folds v. J.A. Jones Constr. Co., 875 So. 2d 700 (Fla. 1st DCA 2004)…een sent to work.” Id. at n. 24.1. Florida case law similarly recognizes that the statute extends workers’ compensation immunity from tort liability to special employers that hire workers from temporary employment agencies. See Watson v. Job Corp., 840 So. 2d 367 [*704] (Fla. 3d DCA), cert. denied, — U.S. -, 124 S.Ct. 546, 157 L.Ed.2d 419 (2003); Caramico v. Artcraft Indus., Inc., 727 So. 2d 348 (Fla. 5th DCA 1999); Maxson Constr. Co., Inc. v. Welch, 720 So. 2d 588 (Fla.2d 1998). In our judgment, once J.A.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Caramico v. Artcraft Indus., Inc., 727 So. 2d 348 (Fla. 5th DCA 1999)
- B.E.T. Plant Servs., Inc. v. Dyer, 678 So. 2d 841 (Fla. 3d DCA 1996)