Under the terms of the contract between Kelly and its customer, a certain rate per hour is charged commensurate with the skill level of each worker. Kelly then assigns men and women with appropriate skills from among those registered with Kelly and available for temporary assignment. Such concerns call Kelly, indicating the skills, number of persons needed, and the length of time for which they are needed. Kelly's sole business is supplying temporary help to all types of office, commercial, governmental, and industrial concerns. ![]() Mid South fills its other employee needs with temporary employees supplied by Kelly Services, Inc. Because these orders are not constant, Mid South has only approximately 25 full-time employees. ![]() Mid South fills production orders for its customers as orders are received. Bailey, Mid South's management personnel consist of a plant manager and three foremen. Bailey is president of Mid South and his wife Donna is the company's secretary and office manager and handles its payroll and accounting matters. Mid South, located in Hartselle, Alabama, builds plastic injection molds. ![]() 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 her lawsuit. 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, and also an "employee" of Mid South Tool Company, Inc., where she was working when she lost one of her fingers in an industrial accident.Ī second issue is also presented. Ray of Dominick, Fletcher, Yeilding, Wood & Lloyd, Birmingham, for appellee. Perry of Johnson & Cory, Birmingham, for appellants.
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