COLE YOUREN, Claimant,
v.
PAUL TREASURE, Un-Insured Employer, Defendant.
No. IC 2013-024972
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
March 11, 2016
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
RECOMMENDATION
R.D.
Maynard, Chairman
INTRODUCTION
Pursuant
to Idaho Code § 72-506, the Idaho Industrial Commission
assigned the above-entitled matter to Referee Alan Taylor,
who conducted a hearing in Boise, Idaho on September 10,
2015. Claimant, Cole Youren, was present in person and
represented by J. Brent Gunnell, of Nampa. Defendant
Employer, Paul Treasure, was represented by R. Daniel Bowen,
of Boise. The parties presented oral and documentary
evidence. No post-hearing depositions were taken and briefs
were later submitted. The matter came under advisement on
October 27, 2015.
ISSUES
The
issues to be decided were narrowed by agreement of the
parties at hearing and by briefing
1 and are:
1. Whether Claimant was an employee of Defendant or an
independent contractor at the time of the accident.
2. Claimant's entitlement to medical care;
3. Claimant's entitlement to temporary disability
benefits;
4. Claimant's entitlement to permanent partial
impairment; and
5. Whether Defendant is liable to Claimant for the penalties
set forth in Idaho Code § 72-210 for failing to insure
liability.
CONTENTIONS
OF THE PARTIES
All
parties acknowledge that Claimant was seriously injured while
riding a horse for Defendant on July 17, 2013. Claimant
asserts he was an employee of Defendant at the time of the
accident and is entitled to medical, temporary disability,
and permanent impairment benefits as well as attorney fees,
costs, and penalties. Defendant contends that Claimant was an
independent contractor at the time of the accident and is
estopped from asserting otherwise.
EVIDENCE
CONSIDERED
The
record in this matter consists of the following:
1. The Industrial Commission legal file;
2. The testimony of Claimant, Defendant, Peter Andrews,
Nikela Black, Eugene Burns, Lyndsey Burns, and John Green
taken at hearing;
3. Claimant's Exhibits A-K admitted at hearing (Exhibit I
being the pre-hearing deposition testimony of Defendant Paul
Treasure taken on April 7, 2015); and
4. Defendant's Exhibit 1 offered at hearing solely for
impeachment purposes (being the pre-hearing deposition
testimony of Claimant Cole Youren taken on March 4, 2015).
All
objections posed in the pre-hearing depositions are
overruled.
After
having considered the above evidence and the arguments of the
parties, the Referee submits the following findings of fact
and conclusions of law for review by the Commission.
FINDINGS
OF FACT
1.
Claimant was born in 1984 and was 30 years old at the time of
the hearing. He lived on a ranch in Garden Valley at all
relevant times.
2.
Background. Les Bois Park is a horse racing
facility in Boise where horse training starts in March or
April and continues through August. At all relevant times,
the Les Bois Park track opened during training and racing
season at daylight, which varied from approximately 7:15 a.m.
early in the season to 6:00 a.m. during most of the season.
The track is closed for maintenance from 8:00 until 8:30 a.m.
and then reopened for exercising horses from 8:30 a.m. until
approximately 10:30 a.m. Monday through Saturday.
3. A
number of horse owners and trainers maintained
"barns" near the track and utilized the track
during training and racing season. Each barn had from four to
30 or more horses. Les Bois Park usually required each
trainer maintaining a barn to complete a Stall Application
committing the trainer to obey all applicable Rules and
Regulations of the Idaho Racing Commission. The 2015 Stall
Application expressly provides: "Applicant agrees to
comply with all of Idaho Workman's [sic] Compensation
requirements and is fully aware of their obligation within
the State of Idaho." Claimant's Exhibit J, p. 2. The
application did not specifically require that the owner or
trainer have workers' compensation insurance coverage.
Some owners and trainers with barns at the track carry
workers' compensation insurance and some do not.
4.
During training season, the daily exercise routine for each
horse was determined by the trainer and generally included
walking, galloping, or breezing.
2 Only jockeys breezed horses.
All jockeys were covered by workers' compensation
insurance provided by Les Bois Park. Riders that galloped
horses were known as gallop boys or gallopers. The track
required, and each galloper generally provided his or her
own, helmet, vest, and boots. Jockeys and gallopers regularly
came by the barns each morning from Monday through Saturday
offering to gallop horses scheduled for exercising that day.
Trainers customarily paid the jockeys and gallopers $10.00
per ride by check or cash.
5. Some
owners or trainers had standing arrangements with certain
jockeys and gallopers to exercise their horses regularly;
these were commonly referred to as the trainers'
"main gallopers." It was customary for these
jockeys and main gallopers to come to the trainer's
barn—commonly referred to as the jockey's or
galloper's "main barn"—first each morning
and give priority to riding the trainer's horses
scheduled for exercising that day. A jockey or main galloper
could ride between 10 and 15 horses each morning, each horse
requiring 15-20 minutes of the rider's time. Barns with
more than approximately 10 horses often utilized one or more
jockeys or main gallopers to exercise their horses each day.
After all scheduled horses from the main barn had been
ridden, the jockey or main galloper usually visited other
barns, offering to ride their horses. Gallopers had a
financial incentive to ride for main barns with more horses
to exercise. Main gallopers were customarily paid $10.00 per
ride. Some trainers paid main gallopers by check once or
twice monthly, others paid by cash regularly. None of the
trainers, gallopers, or jockeys who testified at hearing used
or received W2 Forms for their business dealings at the track
and no withholdings were made. Some trainers provided 1099
Forms to their main gallopers, some did not. Some trainers
considered the main gallopers they utilized to be their
employees and provided workers' compensation insurance
for them, others did not.
6.
Treasure has been a horse owner and trainer at the track for
approximately 25 years. During horse training and racing
season, he maintains a barn at the track with 15 to 25
horses. The number of horses in his barn may vary
significantly from day to day. Treasure regularly uses two or
more gallopers to exercise his horses. Ultimately it is the
galloper's decision whether to ride a particular horse.
Treasure pays all gallopers and jockeys that ride his horses
in cash. In 2013, Treasure had no workers' compensation
insurance.
7.
Claimant began breaking horses when he was 15 or 16 years old
and breaks and trains horses for a living. He keeps some
horses on his ranch in Garden Valley. He participates in
rodeos and is also a galloper at the track from March through
August. He usually does not train horses at his Garden Valley
ranch between March and August.
8.
The parties' early business dealings.
Claimant and Treasure have a nine year history of business
dealings. In 2004, Claimant met Treasure at the track and
started exercising some of his horses for $10.00 per ride.
Treasure then had approximately 20 horses at the track and
used several gallopers and jockeys to exercise his horses. In
2004, Claimant rode horses from another barn first each
morning and then came to Treasure's barn around 7:15 a.m.
and offered to ride his horses. Initially, Treasure saddled
the horses and Claimant just galloped them. Over time,
Treasure gave Claimant more duties than solely riding.
Starting in 2005, Claimant gave Treasure's horses first
priority each day. Treasure paid him $8.00 per ride. After
2005, Claimant considered Treasure's barn his main barn
and started at Treasure's barn and gave priority to
riding Treasure's horses before going to ride horses at
other barns. Treasure paid Claimant in cash and never
provided him a W-2 or 1099 Form.
9. In
2007, Claimant began galloping horses for Eugene Burns as
well as Treasure. Burns paid $10.00 per ride and provided
1099 Forms to his gallopers.
10. No
later than 2008, Claimant assumed additional duties for
Treasure. At...
