Stewart Jaffy & Assoc., 306 E. Gay St., Columbus OH 43209
Sign up for our free Ohio Workers' Compensation Quarterly email

XML/RSS

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. 

Archibald v. Gold Key, Inc. (10/21/02)

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

Billman v. Massillon Dev. Group, L.L.C. (1/28/08)

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

Brown v. CDS Transport, Inc. (9/28/10, posted 9/28/10)

Employment: Review of facts demonstrated that truck driver was independent conatractor, not employee.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District:
 10

Clark v. Dolence (10/19/07)

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

Ehrhardt v. Chatlain Ents., Inc. (6/22/11)

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

Jakob v. Eckhart (9/30/11)

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

Johnson v. Louisville Auto Body (5/30/06)

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

Lewis v. Cartijo (11/15/10)

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

Soloman v. Dayton Window & Door Co., L.L.C. (12/2/11)

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

Troxel v. Ryan (9/27/10)

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
Common Ohio Workers' Compensation Terms Explained

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


  Please read our legal notice.