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Damaged contractor is employed and can not sue: court



A contract employee with a temporary staffing company cannot sue an agency client for his injury because he is considered an employee and therefore the exclusive measure in the Texas Workers & # 39; Compensation Act applies, the state Supreme Court ruled Friday. [19659002] Robert Stevenson was hired by Taylor Smith Consulting LLC, who was contracted to temporarily provide staff for Waste Management of Texas Inc. In May 2014, Stevenson was assigned to a waste disposal facility when another employee accidentally backed truck over Stevenson's legs and feet, causing a serious injury, according to documents in Waste Management of Texas, Inc. and Rigoberto Zelaya v. Robert Stevenson, filed in Austin.

Mr. Stevenson applied for workers' compensation under Taylor Smith's policy and then sued the waste management and the truck driver, alleging negligence. Defendants sought a summary judgment, arguing that the exclusive action in the Texas Workers 'Compensation Act precluded Stevenson's claims and that Stevenson, for workers' compensation purposes, was a waste disposal employee at the time of the accident, according to documents.

Mr. Stevenson argued in a cross-cutting motion for a summary assessment "that there was no evidence that he was a waste management employee", relying primarily on the staffing agreement, which states that temporary workers such as Stevenson "should be independent contractors with respect to waste management."

A court granted a summary judgment on waste management. An appeals court reversed and detained, arguing that "a real factual question" existed as to whether Stevenson was a waste management employee.

the progress, details, and working methods of the work "performed by Stevenson, he qualified as the defendant's employee under the State Workers & # 39; Compensation Act.

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