Reichling v. Touchette Regional Hospital, Inc.

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2015 IL App (5th) 140412
Decision Date: 
Thursday, July 16, 2015
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
STEWART
Court properly granted summary judgment for hospital, as there was no genuine issue of material fact as to whether Plaintiff was hospital's borrowed employee. Plaintiff's premises liability was barred b y exclusive remedy provision of Workers' Compensation Act, as she was hospital's borrowed employee at time of injury. Undisputed material facts show that hospital directed and controlled Plaintiff's work and that she consented to borrowed-employee relationship with hospital. Existence of agreement between hospital and temporary healthcare staffing agency, whereby staffing agency was responsible for workers' compensation claims and agreed to hold hospital harmless from such claims, did not relieve hospital from liability under Act and protection of Act's exclusive remedy provision. (CATES and WELCH, concurring.)