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· 10/28/1994

Ghersi v. Salazar

Citations

  • 883 P.2d 1352
  • 251 Utah Adv. Rep. 5
  • 1994 Utah LEXIS 74
  • 1994 WL 593196

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that an employer had the right to control the details of a contract employee’s work where the employer exercised control over “[w]hen, where, and how” the contract employee was to work
  • stating that without consent to the employment relationship, “there can be no employment relationship for purposes of workers’ compensation” under Utah’s workers’ compensation law (citations omitted)
  • finding that when essential facts are undisputed, courts may determine as matter of law employment status in context of workers’ compensation statute’s exclusive remedy provision
  • stating that without consent to the employment relationship, “there can be no employment relationship for purposes of workers’ compensation” under Utah’s workers’ compensation law (citations omitted)
  • “When an employee of a temporary labor service who has the right to accept or decline an assignment accepts an assignment, he enters into an implied contract of hire with the [borrowing] employer.”
  • “Almost without exception, courts have relied on the loaned employee doctrine to hold that the special employer of a temporary employee is an employer for workers’ compensation purposes.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart, Zimmerman, Howe, Durham, Russon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.