Tuesday, April 28, 2020

Borrowed Servant Doctrine Applied to Dismiss Claim

In the case of Sardina-Garcia v. Brownsville Marine Prod., LLC, No, 1254 WDA 2019(Pa. Super. March 13, 2020, Bender, P.J.E., Bowes, J., Pellegrini, J.) (Op. by Pellegrini, J.), the Superior Court found that the trial court had properly ruled that the Plaintiff was a “borrowed servant” under the Longshore and Harbor Workers’ Compensation Act. As a result, the Plaintiff’s claim was dismissed.

The Plaintiff had received workers' compensation benefits but then sued his employer for an unsafe work space.

More specifically, the Superior Court agreed that the Defendant had control over the Plaintiff’s work, that the Plaintiff was performing only the Defendant’s work on a daily basis, that the employment was over a significant length of time with the Plaintiff acquiescing to the working conditions, and where the Defendant furnished the place of employment.

Anyone wishing to review a copy of this latest analysis of the Pennsylvania Superior Court on the borrowed servant doctrine may click this LINK.

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