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Shurvington v. Cavender Drywall

1/30/2001

Shurvington from the Huff jobsite. We conclude that the evidence was sufficient to support a finding by the Commission that Shurvington consented to work for Huff.


Entry


We have discerned no dispute that Shurvington was actually engaged in the work of and for Huff at the time of his injury, thus satisfying the second element necessary to meet the borrowed servant test, that the job being accomplished was of interest only to the special employer. Ellegood, 162 S.W.2d at 633. If this element is met, the chances are good that the borrowed servant doctrine will be applied. Larson, sec. 67.04 . When he was injured, Shurvington was on the third day of the job, upon which he had actually entered the jobsite and had begun hanging sheetrock there. The evidence supports a finding by the Commission that Shurvington had entered upon and was doing the work of and for Huff.


For the foregoing reasons, we affirm the decision of the Commission.






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