Marlow v. Mid South Tool Co., Inc.

The primary issue presented on this appeal is whether, for the purposes of the exclusive remedy provisions of the Alabama Workmen's Compensation Act, the plaintiff was an "employee" of Kelly Services, Inc., an employment agency, andalso an "employee" of Mid South Tool Company, Inc., where she was working when she lost one of her fingers in an industrial accident.

A second issue is also presented. The injured employee claims that if she was an "employee" of Mid South, then Mid South had waived its statutory defense of employer immunity by failing to timely raise it as an affirmative defense to…