No. 2006-CA-000062-WC. Broughton v. Quality Carriers.
Court | Kentucky |
Kentucky Workers Compensation
2006.
No. 2006-CA-000062-WC.
Broughton v. Quality Carriers
RODNEY BROUGHTON v.
QUALITY CARRIERS; HON. R. SCOTT BORDERS, ADMINISTRATIVE LAW JUDGE; AND WORKERS'
COMPENSATION BOARDNO.
2006-CA-000062-WCPETITION
FOR REVIEW OF A DECISION OF THE WORKERS' COMPENSATION BOARD ACTION NO.
WC-03-02163AFFIRMING BEFORE: ABRAMSON AND BARBER, JUDGES; EMBERTON,(fn1)
SENIOR JUDGE.BARBER, JUDGE: Appellant, Rodney
Broughton, petitions for review of a decision of the Workers' Compensation
Board (WCB) that affirmed a dismissal by the Administrative Law Judge (ALJ) of
his workers' compensation claim against Appellee, Quality Carriers. The only
issue before us is whether Broughton is an employee or independent contractor.
The ALJ found that Broughton was an independent contractor, and therefore not
entitled to workers' compensation benefits. We agree.
Broughton argues that the ALJ misinterpreted the facts within the
parameters of controlling case law.
BACKGROUND
Broughton(fn2) purchased a Freightliner Tractor in 2002 to become
a full-time truck driver. The parties entered into an independent contractor
agreement and Broughton began making deliveries for Quality Carriers.(fn3)
Broughton typically made deliveries within the southeastern United States. His
position could be physically demanding at times, requiring him to load and
unload his truck.
While delivering a load for Quality Carriers, Broughton fell from
the tank catwalk during a trailer inspection. He fell approximately fifteen
feet to the ground sustaining multiple injuries. Broughton received a severe
laceration on his back, injured his right arm, and broke his left knee, lower
left leg, left foot, left big toe, and both thumbs.(fn4) These injuries are the
basis of his workers' compensation claim.(fn5)
Broughton's status at Quality Carriers was the central issue in
his claim. Quality Carriers contended that Broughton was an independent
contractor. Broughton argued he was a company employee. Following a hearing on
Broughton's claim, the ALJ rendered an Opinion and Order finding that Broughton
was an independent contractor and dismissed his claim.(fn6) Broughton appealed
to the WCB, which affirmed the ALJ's finding that Broughton was an independent
contractor not entitled to workers' compensation benefits. Broughton now
appeals to our court.
STANDARD OF REVIEW
It is well-established that the function of this Court in
reviewing the WCB "is to correct the Board only where the [] Court perceives
the Board has overlooked or misconstrued controlling statutes or precedent, or
committed an error in assessing the evidence so flagrant as to cause gross
injustice." AK Steel Corp. v. Childers, 167 S.W.3d
672, 675 (Ky.App. 2005), (citing Western Baptist Hospital v.
Kelly, 827 S.W.2d 685, 687-88 (Ky. 1992)).
LEGAL AUTHORITIES AND
ANALYSIS
Broughton argues he should have been considered an employee of
Quality Carriers through application of the nine factor test of
Ratliff v. Redmon, 396 S.W.2d 320 (Ky. 1965). Those
nine factors to be...
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