Whitehead v. Safway Steel Products, Inc.

COUCH, Judge.

In this appeal we consider whether a person who is employed by a temporary services agency is also an employee of the company to which the worker is provisionally assigned. Preliminarily, however, we must decide whether the existence of an employment relationship was properly treated by the trial court as a legal, rather than factual, issue. We conclude that the question of relation was a matter of law for the trial court to decide, and affirm that court’s determination that the worker was an employee of the utilizing company.

I

The facts of this case are undisputed and may be…