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Antonio Lomeli sued Southwest Shipyard, L.P. for negligence after sustaining a serious left leg injury from falling into an open barge hatch while working as a welder. Southwest moved for summary judgment, asserting the exclusive remedy provision of the federal Longshore and Harbor Workers’ Compensation Act (LHWCA) as an affirmative defense, claiming Lomeli was its “borrowed employee.” Lomeli contested this, arguing Southwest failed to produce a contract and that he presented evidence raising fact issues on multiple factors of the borrowed employee test. The trial court granted summary judgment in favor of Southwest. On appeal, the court reviewed the nine-factor borrowed employee test, finding most factors weighed in favor of borrowed employee status, even considering some neutral or opposing factors. The appellate court affirmed the trial court's judgment, concluding that Lomeli was Southwest’s borrowed employee, thereby limiting his remedy to LHWCA benefits.
Antonio Lomeli v. Southwest Shipyard, L.P. is a workers' compensation case decided in Texas Court of Appeals, 1st District (Houston). 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 Texas Court of Appeals, 1st District (Houston).
Full Decision Text1 Pages
Antonio Lomeli sued Southwest Shipyard, L.P. for negligence after sustaining a serious left leg injury from falling into an open barge hatch while working as a welder. Southwest moved for summary judgment, asserting the exclusive remedy provision of the federal Longshore and Harbor Workers’ Compensation Act (LHWCA) as an affirmative defense, claiming Lomeli was its “borrowed employee.” Lomeli contested this, arguing Southwest failed to produce a contract and that he presented evidence raising fact issues on multiple factors of the borrowed employee test. The trial court granted summary judgment in favor of Southwest. On appeal, the court reviewed the nine-factor borrowed employee test, finding most factors weighed in favor of borrowed employee status, even considering some neutral or opposing factors. The appellate court affirmed the trial court's judgment, concluding that Lomeli was Southwest’s borrowed employee, thereby limiting his remedy to LHWCA benefits.
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