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31 Ohio Law Rep. 26

Daniels v. MacGregor Co.

Ohio Supreme Court

Decided April 21, 1965

Ohio Supreme Court · decided 1965-04-21

Decided 1965-04-21

Taft, Chief Justice.

¶1Where an employer employs an employee with the understanding that the employee is to be paid only by the employer and at a certain hourly rate to work for a customer of the employer and where it is understood that tire customer is to have the right to control the manner or means of performing the work, such employee in doing that work is an employee of the customer within the meaning of the Workmen’s Compensation Act; and, where such customer has complied with the provisions of the Workmen’s Compensation Act, he will not be liable to respond in damages for any injury received by such employee in the course of or arising out of that work for such customer. (Section 35 of Article II of the Constitution and Section 4123.74, Revised Code, applied.)

¶2Judgment affirmed.

Zimmerman, Matthias, O’Neill, Schneider and Brown, JJ., concur.Herbert, J., dissents.
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