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Donald Richmond, an employee of Pacesetter Personnel Service, Inc., was severely injured while working for L.D. Brinkman & Company (Texas) Inc. Donald received workers' compensation benefits from Pacesetter's insurer, CNA Insurance. Subsequently, Robert Richmond, as Donald's legal guardian, and Pacesetter sued Brinkman for negligence. Brinkman successfully moved for summary judgment, arguing Donald was a 'borrowed servant' and thus immune from common law liability under the Texas Workers' Compensation Act. On appeal, Richmond and Pacesetter contended that Chapter 92 of the Texas Labor Code superseded the common law 'borrowed servant' doctrine. The appellate court disagreed, finding Chapter 92 did not supersede common law in this context, and affirmed the trial court's summary judgment.
Richmond v. LD BRINKMAN & CO.(TEXAS) is a workers' compensation case decided in Texas Court of Appeals, 5th District (Dallas). 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, 5th District (Dallas).
Full Decision Text1 Pages
Donald Richmond, an employee of Pacesetter Personnel Service, Inc., was severely injured while working for L.D. Brinkman & Company (Texas) Inc. Donald received workers' compensation benefits from Pacesetter's insurer, CNA Insurance. Subsequently, Robert Richmond, as Donald's legal guardian, and Pacesetter sued Brinkman for negligence. Brinkman successfully moved for summary judgment, arguing Donald was a 'borrowed servant' and thus immune from common law liability under the Texas Workers' Compensation Act. On appeal, Richmond and Pacesetter contended that Chapter 92 of the Texas Labor Code superseded the common law 'borrowed servant' doctrine. The appellate court disagreed, finding Chapter 92 did not supersede common law in this context, and affirmed the trial court's summary judgment.
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