Ill. Court Revives Temp Worker's Suit Over Injury At Candy Co.

Law360 (July 22, 2020, 9:22 PM EDT) -- Personal injury claims lobbed against Ferrara Candy Co. by a staffing agency's worker were incorrectly dismissed because a waiver he signed creates a question over whether the Illinois Workers' Compensation Act bars his suit, an Illinois state appellate panel majority said Tuesday.

A lower court shouldn't have permanently axed worker Jaime Quintana's lawsuit because a waiver he signed before starting his assignment at Ferrara makes it unclear whether he should be considered a "borrowed employee" whose claims would otherwise be barred by the IWCA's exclusive remedy provision, the majority of a three-judge panel said.

Quintana worked at Ferrara's packaging center in Bolingbrook,...

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