Morales v. Herrera

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2016 IL App (1st) 153540
Decision Date: 
Wednesday, December 7, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN

Plaintiffs, who were employees of temporary employment agency, were being transported to a worksite by their supervisor when motor vehicle collision occurred. Plaintiffs received workers' compensation benefits through temporary employment agency, but commenced action against their supervisor and the company where he was transporting them. Company where Plaintiffs were assigned had right to direct and control manner of their work, and had the right to discharge Plaintiffs from its facility, and was thus Plaintiffs' borrowing employer. Plaintiffs are estopped from denying that their injuries fell outside Workers' Compensation Act. Record supports inference that injuries occurred within scope of their employment, and thus court properly granted summery judgment for Defendamts. (PUCINSKI and COBBS, concurring.)