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01-1384 Kopfhamer v. Madison Gas & Electric Co., et al.

By: dmc-admin//October 7, 2002//

01-1384 Kopfhamer v. Madison Gas & Electric Co., et al.

By: dmc-admin//October 7, 2002//

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Further, under Wis. Stat. sections 102.29(6) and 102.01(2)(f), WPL was a “temporary help agency” and plaintiff was placed with WPSC by WPL, thereby affording WPSC the protection of the exclusive remedy rule.

“The exclusive remedy rule is critical to the balance that the Worker’s Compensation Act strikes between the interests of employers and employees. Under the act, employers are held strictly liable for all work-related injuries that befall their employees in return for immunity from tort action. In turn, employees recover less than potentially available in a tort action in return for coverage of all work-related injuries regardless of fault. …

“In other words, under Wis. Stat. secs. 102.29(6) and 102.01(2)(f), WPL was a ‘temporary help agency’ because it was an employer who placed its employee (Robert) with an employer (WPSC) who controlled the employee’s work activities and compensated the first employer (WPL) for the employee’s services. As such, Robert’s claim for and recovery of compensation under the WCA was his exclusive remedy. Section 102.29(6) bars him from making a claim or sustaining an action in tort against an employer who compensated a temporary help agency for his services. WPSC controlled Robert’s work activities and compensated WPL for Robert’s services; therefore, Robert’s claim is barred.”

Accordingly, the trial court erred in ruling that WPSC was equitably and judicially estopped from invoking the exclusivity provisions of the WCA.

Judgment reversed; cross-appeal affirmed.

Recommended for publication in the official reports.

Dist II, Dane County, Callaway, J., Anderson, J.

Attorneys:

For Appellant: Bruce D. Huibregtse, Madison; Barbara A. Neider, Madison

For Respondent: Mark W. Andrews, Madison

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