Frank v. Hawaii Planing Mill Foundation

WATANABE, Judge.

In this appeal, we have been asked to determine whether an employee of a temporary employment agency is precluded by Hawaii Revised Statutes (HRS) § 386-5 (1993), 1 the exclusive remedy provision of the Hawai'i Workers’ Compensation Law, from bringing a negligence action against a customer of the agency for injuries sustained while the employee was assigned to and working on the premises of the customer. The Third Circuit Court (circuit court) concluded that the employee was so barred and accordingly, granted partial summary judgment as to this issue.

We reverse the order…