Bauernfeind v. Zell

There are two issues in this case. The first issue is whether the plaintiff's claim is controlled by sec. 102.29(6), Stats., or by the four-prong "loaned employee" test originally set forth in Seaman Body Corporation v. Industrial Comm., 204 Wis. 157, 163, 235 N.W. 433 (1931). Because the plaintiff is not an employee of a "temporary help agency" within the meaning of sec. 102.29(6), we hold that his claim is controlled by the "loaned employee" test originally set forth in Seaman. The second issue is whether the plaintiff was a "loaned employee" of the defendant, Coleman-Zell Construction,…