Employment – workers’ compensation — loaned employees

Wisconsin Court of Appeals

Civil

Employment – workers’ compensation — loaned employees

Where there is no contract between a temporary help agency and an employer, the employer is liable for an employee’s injuries under the Worker’s Compensation Act.

“Sure, First Choice was compensated for placing Crews and First Choice used part of that compensation to pay worker’s compensation premiums for Crews. And sure—generally speaking, a temporary help agency that places an employee and gets compensated for it should run the risk of having to pay worker’s compensation if its employee gets injured on the job. See WIS. STAT. § 102.04(2m). But the worker’s compensation act also requires that the employee is placed by that agency to the employer who will supervise that work. See § 102.01(2)(f). We think that this is because the legislature wanted temporary help agencies to be able to depend upon and trust the second employer, who would be the entity actually in control of its employee. This did not occur here, and the statute is not applicable under the facts of this case. That is what LIRC held. Using the great deference standard—in fact, using any standard, we affirm LIRC’s decision.”

Affirmed.

Recommended for publication in the official reports.

2011AP345 M.M. Schranz Roofing, Inc., v. First Choice Temporary

Dist. II, Waukesha County, Ramirez, J., Brown, J.

Attorneys: For Appellant: Maloney, M. Susan, Milwaukee; Siesennop, W. Wayne, Milwaukee; Thomsen, Scott J., Milwaukee; For Respondent: Thomas, Catherine A., Brookfield; Gibson, Charlotte, Madison