Daniel Francoeur v. Pipers

Daniel Francoeur, who was injured in an on-the-job accident, appeals from a summary judgment disposing of his negligence action
against the employer. The circuit court ruled that the Workers' Compensation Act provided the exclusive remedy for his claim.
We reverse. Francoeur, an illiterate Haitian who speaks no English, was employed as a dishwasher at the Club Pink Pussy Cat, a lounge
owned and operated by the appellee, Pipers, Inc. He was injured when a defective glass-washing machine malfunctioned, spewing
glass fragments into his hand. Following out-patient treatment for the injury, Francoeur recuperated at home for a month.
Although the hospital and physician's bills were initially paid by the employer, its compensation carrier, Lumberman's Mutual
Casualty Insurance Company, later sent checks directly to the health care providers to cover their services. Payment in the
amount of $232.22 was also made for temporary total benefits by a check made out to Francoeur by the carrier. The check was
not endorsed by him but was, instead, deposited into the employer's business account. Francoeur admits that he was given cash
by his employer for rent and food during the month he was out of work but claims that the payments were later deducted from
his paychecks, as were the amounts paid to the health care providers.