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Video Broadcast These Artifacts of a Museum Claim Runtime 2:06 Real Media 56k | Broadband Windows Media Player 56k | Broadband Quicktime 56k | Broadband

Somehow a temp agency and a San Diego museum were able to maneuver around a work comp claim that involved a serious forklift accident. As a result, the injured worker, joined by five of other museum temps filed suit May 5 in San Diego County Superior Court.

Named in the suit is the San Diego Museum of Art, Remedy Temp Inc. and Manpower Inc.

Jessica Stinson, a student at the school for museum gallery studies began as an intern at the museum in 1993 and was eventually hired by the museum, but routed through a staffing agency, according to the San Diego Daily Transcript.

She worked at the museum on and off for 10 years setting up and tearing down exhibits.

But things changed for Stinson three years ago after she was catapulted from a mechanical lift and suffered head trauma, rug burns and a broken hand. Also as a result of the accident she continues to suffer from a detached retina and macular degeneration syndrome. Despite the accident occurrence arising out of the course of her normal work duties, a work comp claim was never filed.

The suit alleges that because of the odd arrangement between the museum and the temp agencies the organizations were able to pass the buck when benefits were sought. Among many of the other charges it also alleges that they weren’t privy to the same benefits as the museum workers and typical temporary staffing employees.

Many of the charges have the potential to stick in the civil suit, but exclusive remedy may eventually have its way with the workers’ compensation matter. And like Indiana Jones said in The Last Crusade regarding the Cross of Coronado, “It belongs in a museum,” the judge might say, “This belongs in a work comp court.”