Maysey v. Express Services, Inc. (Ky. App. 2020) to be published:
The issue on appeal in this case pertained to the enhancement of benefits for a safety violation under KRS 342.165(1) against a temporary help service agency. In Maysey, the temporary help service agency had placed claimant appellant with one of its clients, where his left arm was amputated above the elbow by a centrifuge machine as a result of various safety violations. The issue on appeal was whether the temp agency was subject to the statutory penalty for the safety violations of its client, the host employer. The Court of Appeals affirmed, finding that KRS 342.615(5) sets forth that a temporary help service shall be deemed the employer of a temporary worker, not the host client. Thus, in the absence of evidence that the agency “had knowledge of, approved of, or acquiesced in the host employer’s actions”, the temporary agency could not be assessed the penalty. The Court urged action be taken by the General Assembly and/or the Kentucky Supreme Court on the issue in order to resolve what it deemed to be an unjust result.