Bowens v. Allied Warehousing Servs. (Signed Opinion)
Annotate this CaseThis appeal was brought by Appellant following two separate orders of the circuit court granting summary judgment to Allied Warehousing Services, Inc., the Appellee, dismissing Appellant's workers' compensation fraud and common law fraud claims and granting summary judgment to Appellee, finding it to be a special employer of Appellant for the purpose of workers' compensation immunity. The Supreme Court affirmed, holding (1) the circuit court properly granted summary judgment on Appellant's workers' compensation and common law fraud claims because there was no basis to conclude that the alleged fraudulent conduct had any prejudicial effect on the decision of the ALJ regarding the suspension of Appellant's temporary total disability benefits; and (2) the circuit court properly granted summary judgment to Appellee on Appellant's negligence claim on the basis that Appellee was Appellant's special employer, thus entitling Appellee to workers' compensation immunity from such a negligence claim.
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