Dye v. Trussway, Inc.

Birdsong, Presiding Judge.

Lester Dye appeals from the grant of summary judgment to Trussway, Inc. He contends the trial court improperly found that Trussway was his statutory employer within the meaning of our Workers’ Compensation Act so that his tort action against Trussway was barred under OCGA § 34-9-11.

Dye was employed by Abear Service Group, a temporary employment agency, and assigned to Trussway under a written agreement between Abear and Trussway. In the course of Dye’s work at Truss-way, Dye’s hand was severely injured in an on-the-job accident.

Abear paid Dye, handled all his…