This case clarifies two things:
(1) Which elements to consider when deciding whether an entity is a "special employer" -- thus falling exclusively within the workers' comp. arena.
(2) Movie studio sets, and the various business entities involved in producing a film or television show, could use some major help in creating reasonably-understandable business relationships.
Here, the only things that weren't confusing were that the plaintiff worked as a "grip" on the set and lost two of his fingertips in an accident while filming the television series "Dragnet."
He sued Universal Studios - which basically was the lessor of the property - in civil court for negligence, claiming that the studio was not his employer since he worked for Dick Wolf Productions, the producer of the television show.
However, there was conflicting evidence as to exactly who his employer really was since (a) his checks came from one entity, (b) Universal Studios changed names several times and (c) he had actually been hired independently - as a member of a trade union - by an individual whose legal status with the union, production company and/or studio was less than crystal clear.
The opinion, nevertheless, discusses the elements to be reviewed in determining whether a "special employer" relationship exists - which are pretty much the same as those which distinguish an employee from an independent contractor (who gives the directions, who has control, who supplies the equipment, etc.).
In this unpublished decision, the Court concluded that the jury's special verdict, finding that Universal was the "special employer" in this case, was supported by the evidence. Thus, the employee's exclusive remedy was workers' compensation benefits.
The case is Carpenter v. Universal City Studios.
To read the full unpublished opinion,
PLEASE CLICK HERE.
- Help for the Injured Worker
