Ghersi v. Salazar’s Empirical Analysis
1994
Citation profile
3 federal appellate · 2 district · 11 state decisions
How this case has been cited
Cited by 16 later decisions — most recently December 2011
3 federal appellate · 2 district · 11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Whitehead v. Safway Steel Products, Inc. · 91 Wash. 2d 550 - Novenson v. Spokane Culvert & Fabricating Co. · Danek v. Meldrum Manufacturing & Engineering Co. · Word v. Motorola, Inc. · Capps v. N.L. Baroid-NL Industries, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A temporary labor service is not like a subcontractor. Such a service does not perform any work for customers; it merely supplies or “loans” workers who are under contract to the service to work as an employee for a client. The work the employee performs is the work of the client. The relationships between a labor service, a “loaned” or temporary employee, and a temporary employer are different from statutory employer-employee relationships and different legal principles govern that relationship. 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. The doctrine provides that if a labor service loans an employee to a special employer for the performance of work, then the employee, with respect to that work, is the employee of the special employer for whom the work or service is performed. The loaned employee doctrine has evolved to determine the rights and responsibilities of the parties under workers’ compensation laws. Special terminology has been developed to describe the parties to this relationship. A temporary labor service is a “general employer”; a temporary employee is a “loaned” employee; and the business to which the employee is assigned is a “special employer.” Here, Adia is a general employer, Ghersi the loaned employee, and Huish the special employer.”
5 later decisions quote this exact passage“(a) the employee has made a contract of hire, express or implied, with the special employer; (b) the work being done is essentially that of the special employer; and (c) the special employer has the right to control the details of the work.”
4 later decisions quote this exact passage“The right to recover compensation pursuant to provisions of this title for injuries sustained by an employee ... shall be the exclusive remedy against the employer ... and the liabilities of the employer imposed by this act shall be in place of any and all other civil liability whatsoever ... on account of any accident or injury or death, in any way contracted, sustained, aggravated, or incurred by the employee in the course of ... his employment____”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.