Candido v. Polymers, Inc. This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. 95-590 Tammy Candido Supreme Court On Appeal from v.
Polymers is a manufacturer of commercial brush fibers.
Candido submitted an application to TAD, which hired her and assigned her to work at Polymers's Middlebury plant. Polymers established work schedules, provided job and safety training, supervised the temporary workers, and could request replacement of an unsatisfactory worker. According to the deposition testimony of Martin Thompson, who signed the contract on behalf of Polymers, Polymers did not pay workers' compensation insurance premiums for temporary workers, but instead required during contract negotiations that TAD provide liability coverage and workers' compensation coverage for temporary workers. Candido sought and obtained workers' compensation benefits from TAD and then commenced a tort action in superior court against Polymers and the supervisor who had overseen her training and work. We review a grant of summary judgment using the same standard as the superior court.