PJC General Negligence 2022

PJC 16.3

W ORKERS ’ C OMPENSATION —E MPLOYMENT

PJC 16.3

Borrowed Employee—Question

PJC 16.3A Borrowed Employee—Question—When Claimant Appeals QUESTION ______ Was Paul Payne a borrowed employee of XYZ Company while loading the truck ? One who would otherwise be in the general employment of one employer is a “borrowed employee” of another employer if such other employer or his agents have the right to direct and control the details of the particular work inquired about. Answer “Yes” or “No.” Answer: _______________ QUESTION ______ Was Paul Payne not a borrowed employee of XYZ Company while loading the truck ? [Insert PJC 16.3A definition of “borrowed employee.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 16.3 should be used to submit disputes about the worker’s sta tus as a “borrowed employee” (also called “loaned employee” or “special employee”). For cases in which a party seeks to impose or rebut vicarious liability for the conduct of an employee or borrowed employee outside of the workers’ compensation context, see PJC 10.2–10.4. Burden of proof. The burden of proof should be placed appropriately in accor dance with the decision of the appeals panel. See PJC 15.1. PJC 16.3B Borrowed Employee—Question—When Carrier Appeals

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