(DOWNLOAD) "Brotherhood of Teamsters and Auto Truck Drivers v. Unemployment Insurance Appeals Board" by First Appellate District, Division Two Court of Appeal of California * eBook PDF Kindle ePub Free
eBook details
- Title: Brotherhood of Teamsters and Auto Truck Drivers v. Unemployment Insurance Appeals Board
- Author : First Appellate District, Division Two Court of Appeal of California
- Release Date : January 09, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
A temporary employee furnished by Manpower, Inc., was injured on a one-day job assignment to the business Santa Cruz Poultry, Inc. The employee, Stier, sued Santa Cruz Poultry (SCP) for damages for his injuries, and SCP, by motion for summary judgment, asserted exclusivity of Stiers workers compensation remedy. The trial court denied summary judgment, and SCP seeks statutory mandate under Code of Civil Procedure section 437c, subdivision (l). The issue is whether a temporary employee who finds work through the services of an agency such as Manpower, Inc., may bring a negligence action for industrial injuries received on the job against the employer to whom he is assigned, or whether he is relegated to a claim for workers compensation under the provisions of Labor Code section 3601. We have concluded where the employer has supervision and control over the employees job duties, as here, then the employee is in a special employment relationship with that employer. Under such circumstances the exclusive remedy for job-related injuries is workers compensation. Accordingly we will issue a writ of mandate compelling summary judgment in favor of the employer, SCP.
 "Brotherhood of Teamsters and Auto Truck Drivers v. Unemployment Insurance Appeals Board" by First Appellate District, Division Two Court of Appeal of California * eBook PDF Kindle ePub Free){kind=link}