Joint employment for purposes of invoking the workers’ compensation immunity may be established by course of conduct.

Father and son physicians, who each maintained a practice in the same building, sought to assert immunity from suit by their cleaning person after she was injured on the premises. In dismissing the claim, the court held that the existence of joint employment could be established through a course of conduct and regardless of the absence of records establishing the endeavor.

Case Law Alert, 1^st Quarter 2014