Springdale, Arkansas – In a significant decision for Arkansas workers, the state Court of Appeals has reversed a ruling by the Arkansas Workers’ Compensation Commission that had blocked a severely injured temporary worker from pursuing a negligence claim against a third-party company.

The Law Office of Jason M. Hatfield represented Emery Humphries, a client who lost part of his leg while operating a box baling machine at FNA Group’s Decatur manufacturing facility in 2019. Humphries had been placed at FNA through a staffing agency, Labor Solutions, and had never been employed by FNA.

The Commission previously ruled that FNA was Humphries’ “dual employer,” meaning he could only pursue relief under Arkansas’ Workers’ Compensation Act. The Court of Appeals overturned that ruling on Tuesday, finding that there was no express or implied employment contract between Humphries and FNA, an essential requirement for shielding FNA under the state’s exclusive remedy provision.

“This is a tremendous victory for Emery and for all temporary workers who are too often treated as disposable labor,” said attorney Jason M. Hatfield, who has practiced workers’ compensation and personal injury law in Northwest Arkansas for over two decades. “The facts were clear, Emery never intended to work for FNA, was never trained by FNA, and had no agreement, written or otherwise, with FNA. The Court saw through the company’s attempt to shield itself from liability by misusing the workers’ compensation system.”

The appellate court cited FNA’s own contract with Labor Solutions, which stated unequivocally that temporary personnel would not be considered employees of FNA. The court also noted that no one from FNA had trained or supervised Humphries, and that the company reserved the right to deny any employment relationship with him in contexts outside workers’ compensation, such as lawsuits involving discrimination or harassment.

The injury occurred when Humphries was instructed, by a Labor Solutions co-worker, to clear a jammed baler. He was never given safety instructions or a manual. The machine restarted while he was inside, resulting in a catastrophic leg injury. His claim against FNA had been stayed pending resolution of his employment status.

Now, the case will return to circuit court, where Humphries can pursue his negligence claims against FNA and other parties.

“This ruling ensures that companies cannot escape accountability simply because they use temp agencies,” Hatfield said. “We look forward to seeking full justice for Mr. Humphries in court.”

For more information about the Law Office of Jason M. Hatfield and its commitment to advocating for injured workers across Arkansas, visit www.jhatfieldlaw.com.

Benton County Circuit Court
Emery Humphries v. Marck Industries, Inc., J.V. Manufacturing Inc., FNA Group, Inc., and John Does I-X
04CV-22-828