The lent employee doctrine occurs when one employer, the
general employer, lends an employee to another employer, the special employer. The
presumption is that employment continues under the general employer and the
general employer remains liable for injuries suffered by the employee. See Thorn v. Albany Ladder, Op.
No. 17-02WC (Apr. 2, 2002) (citing 3 Larson’s Workers’ Compensation Law
§67.03). This presumption may be overcome if there is “a clear demonstration
that a new temporary employer has been substituted for the old.” Id. In order for the special employer to become liable: “[T]here must
be a contract of hire, express or implied between the special employer and
employee. . . . This involves an informed consent by the
employee before the employment-relation can be said to exist. This requirement
being met, there remains the necessity of showing that the work being done is
essentially that of the special employer and lastly that such special employer
has the right to control the details of the work.” Mercier v. Holmes,
119 Vt. 368, 375 (1956).
