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Florida Fourth DCA affirms summary judgment for defendant company on the basis that work injury to "borrowed employee" was subject to Worker's Compensation immunity

On May 17, 2017, in Morera v. Waste Management Inc. of Florida, No. 4D14-3135, the Florida Fourth DCA affirmed the trial court’s summary judgment in favor of the defendant in a personal injury lawsuit filed by an employee of another company, Waste Collection, Inc. The trial court had granted summary judgment based on a finding that the defendant was immune from liability pursuant to Florida Statute 440.11(2) because Waste Collection was determined to be a “help services company” as defined in the U.S. Department of Labor Standard Classification, and an employee of such a company is deemed by Florida Statute 440.11(2) to be a “borrowed employee” entitling the borrowing Florida company to immunity from personal injury lawsuits with regard to work related injuries. The Fourth DCA affirmed on the same basis.

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