Crum Services et al v. Lopez
33 FLW D679
Claimant determined not to be an employee of employee leasing company (PEO). Client company of PEO hired the claimant and never filled out any paperwork for the claimant as required by the PEO. Under the contract between the client company and the PEO, in order for employees of the client company to be employees of the PEO, the employee must complete an employment application, W-4 withholding form, and Form I-9 and these forms must be delivered to the PEO before the employee commences employment. The contract also stated that client company assumed full responsibility for a workers’ compensation claim of parties hired by or working for the client company where the injured worker had not assumed the status of an employee of the PEO. Court rejected claimant’s argument that there was a contractor/subcontractor relationship existing between the client company and the PEO. Specially concurring opinion urging the Legislature to address gaps in coverages for injured workers when an employer utilizes a PEO.