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Luis Velasco sued Amfels, Inc. for personal injuries sustained while working at the Amfels Shipyard, alleging general maritime negligence. Velasco, an employee of A.D. Welding (a leased-labor company), was assigned to Amfels as an electrician's helper. Amfels filed a motion for summary judgment, contending that Velasco was a 'borrowed servant' and thus his exclusive remedy against Amfels fell under the Long-shore & Harbor Workers’ Compensation Act (LHWCA), thereby barring the lawsuit. Velasco argued he was not a borrowed servant due to lack of understanding and control. The court, applying a nine-factor test, found that the overwhelming evidence indicated Velasco was indeed a borrowed employee of Amfels, and subsequently granted Amfels' motion for summary judgment.
Velasco v. Amfels, Inc. is a workers' compensation case decided in District Court, S.D. Texas. 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 District Court, S.D. Texas.
Full Decision Text1 Pages
Luis Velasco sued Amfels, Inc. for personal injuries sustained while working at the Amfels Shipyard, alleging general maritime negligence. Velasco, an employee of A.D. Welding (a leased-labor company), was assigned to Amfels as an electrician's helper. Amfels filed a motion for summary judgment, contending that Velasco was a 'borrowed servant' and thus his exclusive remedy against Amfels fell under the Long-shore & Harbor Workers’ Compensation Act (LHWCA), thereby barring the lawsuit. Velasco argued he was not a borrowed servant due to lack of understanding and control. The court, applying a nine-factor test, found that the overwhelming evidence indicated Velasco was indeed a borrowed employee of Amfels, and subsequently granted Amfels' motion for summary judgment.
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