Eldridge v. Meissen Trucking, 012122 IDWC, IC 2018-002756

Case DateJanuary 21, 2022
CourtIdaho
JASON S. ELDRIDGE, Claimant,
v.
MEISSEN TRUCKING, Uninsured Employer,
AGAR LIVESTOCK, LLC, Employer,
SNAKE RIVER CATTLE FEEDERS, LLC, Employer, LIBERTY NORTHWEST INSURANCE CORP., Surety,
And
OUTWEST LIVESTOCK, LLC, Employer, LIBERTY NORTHWEST INSURANCE CORP., Surety Defendants.
No. IC 2018-002756
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
January 21, 2022
         FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER          INTRODUCTION          Pursuant to Idaho Code § 72-506, the Idaho Industrial Commission conducted a bifurcated hearing via ZOOM videoconferencing on April 6, 2021. The matter was heard before Chairman Aaron White, Commissioner Thomas E. Limbaugh, and Commissioner Thomas P. Baskin. Claimant, Jason S. Eldridge, was present and represented by Joseph M. Wager. Default was previously taken against Defendant Meissen Trucking, Inc. ("Meissen"), and it did not participate at hearing. Defendant Agar Livestock, LLC ("Agar") was represented by Amber Dina. Defendants Out West Livestock, LLC ("OWL") and its surety were represented by Neil D. McFeeley.          Defendants Snake River Cattle Feeders, LLC ("Snake River") and its surety were represented by Mark Sebastian. The parties presented oral and documentary evidence and briefing was submitted. The matter came under advisement on August 20,2021 and is ready for decision.          ISSUES          Per the February 8, 2021 Notice of Hearing, the issues to be decided at this bifurcated hearing are:
1. Whether Claimant was an employee of Meissen Trucking, as opposed to an independent contractor, at the time of the subject accident;
2. If Claimant was an employee of Meissen Trucking, who, amongst the other named Defendants, is Claimant's statutory employer under Idaho Code § 72-216;
3. If Claimant was an employee of Meissen Trucking, whether any of the above-named Employers are liable to Claimant for penalties set forth in Idaho Code § 72-210 for failing to insure liability.
         All other issues are reserved.          PROCEDURAL BACKGROUND          Claimant filed a complaint against Meissen on January 31, 2018. Claimant subsequently amended his complaint to add Agar, OWL, Snake River and their respective sureties as parties to the case. Agar's Surety, Travelers Property Casualty Company of America ("Travelers"), was dismissed from the case on February 8, 2019, pursuant to stipulation between Claimant and Travelers and with no objection from any other party. The case was originally assigned to a referee, but on January 17,2020, the matter was re-assigned to the Commission.          Meissen was represented by an attorney in the early stages of this case. However, Meissen's (former) attorney filed a motion to withdraw, which was granted by order of the Commission filed on May 15, 2020. Pursuant to Rule 2(B) of the Judicial Rules of Practice and Procedure Under the Idaho Workers' Compensation Law and Idaho Code § 3-104, Meissen is required to appear through an attorney in these proceedings. See Indian Springs LLC v. Indian Springs Land lnv., LLC, 147 Idaho 737, 744-45, 215 P.3d 457, 464-65 (2009) (holding "[i]n sum, the law in Idaho is that a business entity, such as a corporation, limited liability company, or partnership, must be represented by a licensed attorney before an administrative body or a judicial body"). Accordingly, the Commission ordered Meissen to obtain substitute representation. Meissen was given ninety (90) days within which to appear through new counsel. On October 9, 2020, Meissen was given an additional sixty (60) days in which to appear through new counsel. In its October 16, 2020 Order continuing the matter, the Commission cautioned Meissen that failure to obtain such representation could result in the entry of an order of default against Meissen. See McKinney v. American Roof Masters, Inc., IC 2008-014334 (Idaho Ind. Comm. November 18, 2011) (the Commission entered default against an employer corporation that did not appear through a licensed attorney).          Meissen failed to retain counsel as directed by the Commission, and on February 8, 2021, the Commission entered default against Meissen.          CONTENTIONS OF THE PARTIES          Claimant contends that on January 18, 2018, he suffered an accident/injury arising out of and in the course of his employment. Claimant suffered numerous injuries at a feedlot operated by Snake River while attempting to load livestock onto a trailer that Claimant was hauling for Meissen. Claimant contends that he was an employee of Meissen, hired to operate Meissen's truck and leased trailer to transport cattle to various locations as directed by Meissen. Because Meissen did not provide the required worker's compensation insurance, Claimant contends that the other-named Defendants - Agar, OWL, and Snake River - are Claimant's statutory employers under Idaho Code § 72-216 and are thus liable to pay Claimant's worker's compensation benefits for the injuries he sustained. Finally, Claimant contends that only Meissen, and no other party, is liable to him for the penalties set forth in Idaho Code § 72-210.          Defendant Agar contends that the evidence, primarily the Independent Contractor Agreement executed between Claimant and Meissen, establishes that the relationship between Claimant and Meissen was that of principal/independent contractor, and therefore Agar is not liable to Claimant for any worker's compensation benefits as a statutory employer. Agar further contends that even if Claimant is determined to be an employee of Meissen, Agar cannot be considered Claimant's statutory employer because Agar's involvement in this transaction was simply as a transportation broker, and not as a category one statutory employer.          Defendant OWL contends that it is an improperly named party and was not a party to any of the agreements that led to Claimant's injuries. OWL contends that Out West Dispatch LLC ("OWD") - a separate and distinct entity from OWL - was the party that contracted with AB Genetics, the owner of the cattle, to dispatch trucks to transport the cattle at Snake River's feedlot. OWL further contends that payment was issued to OWD for the transportation of the cattle in question and that OWD retained its dispatch fee before making payment to the respective entities to whom it had dispatched the load. Thus, OWL was not a party to the transaction and cannot be considered a statutory employer.          Defendant Snake River also contends that Claimant was an independent contractor instead of an employee of Meissen, or, in the alternative, that Claimant was a casual employee of Meissen and thus exempted from the workers' compensation laws. Snake River further contends that even if Claimant was an employee, Snake River is not Claimant's category two statutory employer. Snake River is not in the business of transporting cattle and lacked the capability to haul cattle.          Instead, Snake River is in the business of manufacturing feed and feeding cattle at its feed lot, and that the cattle in question were owned by a separate entity, AB Genetics. Snake River further contends that under Kelly v. TRC Fabrication, LLC, 168 Idaho 788, 487 P.3d 723, 728 (2021), Snake River cannot be considered a category one statutory employer because the transportation of cattle is ancillary to Snake River's business, which is to feed and fatten cattle at its facility.          Claimant responds that the evidence establishes that Claimant was an employee of Meissen, regardless of the purported Independent Contractor Agreement between the two respective parties. Claimant also responds that the facts do not support the contention that Claimant was a casual employee of Meissen. Claimant contends that Agar, OWL, and Snake River are all category one statutory employers of Claimant. Claimant concedes that none of the named parties qualify as category two statutory employers.          EVIDENCE CONSIDERED          The record in this matter consists of the following:
1. The Industrial Commission legal file;
2. Claimant's Exhibits (CE) A through O, and R through U, admitted at hearing or subsequently thereafter[1];
3. OWL's Exhibits (OWLE) 1 through 5, admitted at hearing;
4. Snake River's Exhibits (SRE) 1 through 5, admitted at hearing;
5. The transcript of the hearing held on April 6, 2021;
6. The testimony of Claimant taken at hearing;
7. The testimony of witnesses Roy Agar, Deborah Agar, Paul Radloff, and Matthew Buyers, taken at hearing[2];
8. The post-hearing deposition of Cynthia Weekes, taken May 24,2021.[3]
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