§ 3.5 Multiple Employers

LibraryWorkers' Compensation (OSBar) (2023 Ed.)
§ 3.5 MULTIPLE EMPLOYERS

§ 3.5-1 Temporary Service Companies

A temporary service provider is "a person who provides workers, by contract and for a fee, to a client on a temporary basis." ORS 656.850(1)(c). The term temporary basis is defined in ORS 656.850(1)(b). Temporary service providers that comply with the requirements of ORS 656.017(1) (employer's obligation to provide coverage) are afforded exclusive-remedy protection, as are their clients. ORS 656.018(5).

The plaintiffs in Robinson v. Omark Industries, Inc., 46 Or App 263, 611 P2d 665 (1980), rev dismissed as improvidently granted, 291 Or 5 (1981), and Blacknall v. Westwood Corp., 89 Or App 145, 747 P2d 412 (1987), aff'd, 307 Or 113, 764 P2d 544 (1988), were employed by temporary labor service companies and were injured when performing services at their jobsites. The temporary labor service company in each case paid the plaintiff's salary, taxes, workers' compensation insurance, Social Security, unemployment, and fringe benefits and accepted responsibility for the on-the-job injury. The defendant directly supervised the plaintiff's activities at the jobsite, including hours, breaks, and work assignments. Each defendant successfully defended a civil negligence lawsuit by asserting immunity from suit based on status as the plaintiff's employer. Robinson, 46 Or App at 268-69; Blacknall, 89 Or App at 148.

In Phillips v. Bohnstedt, 175 Or App 214, 27 P3d 531 (2001) the claimant was an employee of a client of a temporary service provider. The claimant brought a tort action against the temporary service provider as being vicariously liable for negligence of its employee which resulted in injury. The court held that temporary service providers enjoy the same exemption from tort liability that other...

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