Dees, a former employee at Tenax's Evergreen plant, suffered significant injuries to his left arm while operating machinery in January 2015. He had previously worked at the plant on multiple occasions and was employed through Onin Staffing, LLC ("Onin") when the incident occurred. Dees filed a lawsuit against Tenax and its affiliates, including Onin, alleging machine defects caused his injuries. He sought workers' compensation from Onin and damages from the other defendants for negligence.
Tenax claimed immunity under the Alabama Workers' Compensation Act and moved for summary judgment, highlighting that Dees was employed by Onin, not Tenax. However, evidence suggested that Dees believed he was primarily a Tenax employee and only associated with Onin as a "temp agency". Furthermore, Tenax oversaw his training, supervision, and working details, and Onin's role was largely administrative and payroll-related.
The trial court initially denied Tenax's motion for summary judgment. However, upon review, the higher court determined that Tenax acted as Dees's "special employer" under the Alabama Workers' Compensation Act. As such, the exclusive-remedy provisions of the act extended to Tenax, and they were granted immunity against Dees's tort claims. A summary judgment in favor of Tenax was instructed to be entered.
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