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...the case of a negligence action by an injured worker against a borrowing employer the Fifth Circuit stated that “control over the employee and the work she performs” is the “most important” factor. Capps v. N.L. Barnoid Industries, Inc. , 784 F.2d 615, 617 (1986), cert. denied , 479 U.S. 838 (1986). In the present case, BHG never exercised “control over the employee (Smith) and the work he [was]...

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Published: 10 months, 2 weeks ago (Tue, 03 Feb 2009 11:03:14 PST); 2677 bytes
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