WORKERS COMPENSATION: Jones v. Aerotek Staffing (COA 1/22/2010)

Jones v. Aerotek Staffing
2009-CA-001238 01/22/2010 2010 WL 254429

Opinion by Judge Keller; Judges Wine and Senior Judge Lambert concurred. The Court affirmed an opinion of the Workers’ Compensation Board affirming an administrative law judge’s opinion and order that an employer was not liable for enhanced benefits under KRS 324.165 for failing to provide the injured worker with a safe work place. The Court held that to establish that a temporary employment agency intentionally violated a safety statute or regulation, an employee must show that the agency had knowledge of, approved of, directed, or acquiesced in its client’s actions. Absent evidence that the agency had a duty to inspect the premises or knowledge of the safety violation, the Board correctly determined that the agency was not responsible for the safety violation.

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