2009AP3030 Ulrich, et al. v. Scharine’s Agri-Systems, et al.

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Employment
Workers compensation; temporary employers

Under the plain terms of the Worker’s Compensation Act (WCA), Wis. Stats., Chapter 102 (2007-08), a temporary employee injured on the job may not maintain a tort action against a temporary employer for personal injury. Third-party liability provisions of the WCA provide statutory immunity for a temporary employer who compensates a temporary help agency for the services of an injured employee. The injured employee here claims that the temporary employer, whose allegedly negligent operation of a vehicle resulted in injury to the temporary employee, is subject to one of the statutory exceptions to the exclusive remedy rule.

We conclude that the general rule, and not the claimed exception, applies. The temporary employer and his insurer are immune from the employee’s actions in tort, because the temporary employer fits the statutory definition of a compensating employer under Wis. Stat. § 102.29(6)(b)1.

Therefore, we hold that the circuit court did not err when it granted summary judgment to the insurer of the temporary employer, concluding that the tort claim was not saved under the exception to the WCA’s exclusive remedy rule allowing a third-party action against a coemployee for negligent operation of a motor vehicle not owned or leased by the employer. Wis. Stat. §§ 102.29(6)(b)3.
and 102.03(2). We agree with the circuit court that, because a temporary help agency, acting as general employer, placed the employee with the temporary employer, the temporary employer and his insurer are immunized from tort liability under the exclusive remedy rule. Sections 102.29(6)(a),(b) and 102.03(2). Not recommended for publication in the official reports.

2009AP3030 Ulrich, et al. v. Scharine’s Agri-Systems, et al.

Dist IV, Rock County, Welker, J., Blanchard, J.

Attorneys: For Appellant: Scoptur, Paul J., Milwaukee; Wickhem, James, Janesville; Gallanis, James C., Milwaukee; Differt, Kevin M., Hartford; For Respondent: Andrews, Mark W., Madison; Schreiber, Ariella, Madison

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