Kenwal Steel Corp. v. Seyring

OPINION

BARNES, Judge.

Case Summary

Kenwal Steel Corp. ("Kenwal") appeals the denial of its motion to dismiss John Seyring's negligence action for lack of subject matter jurisdiction. We reverse.

Issues

The parties raise three issues, which we consolidate and restate as:

I. whether Elwood Staffing ("Elwood") and Kenwal were joint employers for purposes of Indiana Code Section 22-3-6-1(2); and

II. whether a term of the contract between Elwood and Kenwal amounted to Kenwal's waiver of the exclusive remedy provision of the Indiana Worker's Compensation Act ("the Act").

Facts

In 2004, Seyring was hired by…