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The plaintiff appealed a summary judgment from the Circuit Court of Shelby County, which found the defendant, Mid-South, immune from tort suit under the Tennessee Worker’s Compensation Act. The core issue was whether Mid-South qualified as a co-employer under the borrowed servant doctrine. The appellate court, applying the three-pronged test from Winchester v. Seay, determined that the plaintiff, an employee of Labor Force, Inc., had an implied contract with Mid-South, performed work essentially for Mid-South, and was under Mid-South's control. Based on these findings, the court affirmed the trial judge's decision, concluding that Mid-South was indeed a co-employer. Therefore, the plaintiff's recovery rights are limited solely to the Worker's Compensation Act.
Bennett v. Mid-South Terminals Corp. is a workers' compensation case decided in Court of Appeals of Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Tennessee.
Full Decision Text1 Pages
The plaintiff appealed a summary judgment from the Circuit Court of Shelby County, which found the defendant, Mid-South, immune from tort suit under the Tennessee Worker’s Compensation Act. The core issue was whether Mid-South qualified as a co-employer under the "borrowed servant" doctrine. The appellate court, applying the three-pronged test from Winchester v. Seay, determined that the plaintiff, an employee of Labor Force, Inc., had an implied contract with Mid-South, performed work essentially for Mid-South, and was under Mid-South's control. Based on these findings, the court affirmed the trial judge's decision, concluding that Mid-South was indeed a co-employer. Therefore, the plaintiff's recovery rights are limited solely to the Worker's Compensation Act.
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