Superior Shipyard asked Global Oilfield Contractors to provide additional labor.  Global then utilized the Terrobonne Parish Work Release Program to secure the services of Brian Redmond.  Global hired Redmond and assigned him to Superior Shipyard.  Ten days later, Claimant was purportedly injured when the scaffolding underneath him broke and he fell.  Redmond filed a tort suit against Superior, and Superior contended that Claimant was limited to workers’ compensation benefits.  Superior ultimately moved for summary decision, which the trial court granted. On appeal, Louisiana’s First Circuit addressed the “borrowed employee” defense.  If Redmond was a borrowed servant, then his remedy falls exclusively in workers’ compensation, under either the Longshore and Harbor Workers’ Compensation Act or Louisiana’s workers’ compensation law.  The court noted the fact-intensive nature of the defense, as well as the factors considered in borrowed servant cases: While there is no fixed test, the factors to be considered in determining the existenceRead more