No. 2006-CA-000062-WC. Broughton v. Quality Carriers.

CourtKentucky
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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