In Candido v. Polymers, Inc., 166 Vt. 15, 17, 687 A.2d 476, 478 (1996), the defendant, Polymers, Inc., had a contract with an employment agency which provided temporary workers. The plaintiff, one such temporary employee, was injured on the job while working at the defendant's plant, and received workers' compensation benefits from the employment agency.
The plaintiff in Candido argued that the defendant was not plaintiff's employer within the meaning of the Workers' Compensation Act and thus was subject to common law liability. Id. at 20, 687 A.2d at 480.
In determining whether the plaintiff consented to the employment relationship with the defendant, the Court found that the plaintiff clearly accepted the defendant's direction and control.