Johnson v. J. S. & H. Construction Co.

OPINION

OMAN, Judge.

This is an appeal by plaintiff from a summary judgment granted defendants. The suit is for medical expenses under the Workmen’s Compensation Act.

If the record presents a genuine issue on the material fact of whether plaintiff’s accidental injury arose out of and in the course of his employment with defendant, J. S. & H. Construction Co., then we must reverse.

Defendants contend no such genuine issue exists because the record shows at the time of the accident plaintiff was a loaned or special employee of Lembke Construction Company. Lembke was the prime contractor on the…