Employment Cases: Independent Contractor (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Employment: Independent Contractor

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

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

Barcus v. Buehrer (8/4/15)

Evidence of relationship between company and truck driver supported finding as a matter of law that truck driver was independent contractor, not employee, and therefore not entitled to workers’ compensation benefits.

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

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

Trial court did not err in finding that injured individual was an independent 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 contractor, 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

Ferrari v. Jamestown Transp. (11/27/13)

When truck driver created corporation, and alleged employer’s payroll company made payments to that corporation, trial court properly found that he was an independent contractor.

Vote: 3-0
Opinion by: Judge Donovan
Appellate District: 2

Ferrari v. Top Flight Driver Leasing, L.L.C. (11/27/13)

When truck driver created corporation, and alleged employer’s
payroll company made payments to that corporation, trial court properly
found that he was an independent contractor.

Vote: 3-0
Opinion by: Judge Donovan
Appellate District: 2

Green v. Admr., Ohio Bur. of Workers Comp. (6/26/18)

Experienced logger who acted independently, could work other jobs, and could leave when work was done, was an independent contractor even though alleged employer provided chain saw he used.

Vote: 3-0
Opinion by: Hoover
Appellate District:
 4

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

Whitt v. Wolfinger (6/30/15)

Evidence of relationship between company and individual who delivered newspapers and serviced newspaper vending machines supported finding as a matter of law that truck driver was independent contractor, not employee, and therefore not entitled to workers’ compensation benefits.

Vote: 3-0
Opinion by: Judge Harsha
Appellate District: 4