Employment Cases: Independent Contractor
(Court of Appeals)
Click on the case name to read the decision on the
Ohio Supreme Court's web site. Decisions which adopt the
decision of a lower court or
Magistrate, or which decide a case based on a previous decision, are
excluded.
Evidence
could permit jury to find either that individual was employee
or
independent contractor where individual signed contract indicating he
was independent contractor but company trained him; he wore uniform and
purchased tools designated by company; received work orders from
company and returned receipts to company each day; and was responsible
for notifying company when he would not be reporting to work.
Therefore, summary judgment was inappropriate.
Vote:
3-0
Opinion by:
Judge Farmer
Appellate District:
5
Trial court did not err in finding that injured individual
was an independant contractor rather than an employee.
Vote: 3-0
Opinion by: Judge
Gwin
Appellate District: 5
Employment:
Review of facts demonstrated that truck driver was independent conatractor, not employee.
Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10
Sufficient
evidence existed for jury to determine whether injured person worked as
an employee that directed verdict was improper.
Vote:
2-0, 1 concurs in part and dissents in part
Opinion by: Judge
Grendell
Appellate District:
11
Facts of case, including fact that truck driver owned his truck, signed
an independent contractor agreement and paid his expenses justified
summary judgment based on finding that truck driver was independent
contractor.
Vote:
3-0
Opinion by:
Judge Edwards
Appellate District: 5
Statute
provides standard for determining whether construction worker is
employee and construction worker who satisfies at least 10 of 20
statutory criteria was employee; employee who satisfies this provision
is not required to satisfy any other statutory or common law provision
for demonstrating they are an employee.
Vote: 3-0
Opinion by:
Judge Handwork
Appellate District: 6
Evidence in record support trial court's finding that worker
was independent contractor, not employee.
Vote: 3-0
Opinion by: Judge
Edwards
Appellate District:
5
Evidence of
irregular nature of work, lack of formal agreement, limited direction
and amount of autonomy provided required finding that individual was
not an employee.
Vote: 3-0
Opinion by: Judge Wise
Appellate District: 5
R.C.
4123.01(A)(1)(c) provides 20 categories to consider whether individual
is independent contractor or employee. Trial court did not abuse
its discretion finding that individual only satisfied 8 of 20
categories and therefore was an independent contractor.
Vote: 3-0
Opinion by:
Judge Hall
Appellate District: 2
Facts
demonstrated that construction worker was an employee and not an
independent contractor under both common law and statutory test.
Vote:
3-0
Opinion by:
Judge Bressler
Appellate District: 12
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
Stewart Jaffy &
Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com
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