Complete Story
09/04/2015
Ohio newspaper carrier not eligible for workers' compensation
Editor's Note: Michael Zinser will present an exclusive ONA webinar on "Critical Independent Contractor Issues and Cutting Edge Labor Relations Developments" on Oct. 28. Click here for more information.
By Michael Zinser
Laymon Whitt was a newspaper delivery person performing services for Gary’s News Deliveries as an independent contractor, pursuant to a written Independent Contractor Agreement. Whitt delivered USA TODAY around the Greater Columbus marketplace. Whitt was killed while delivering the newspapers, and his estate filed for Workers’ Compensation benefits in Ohio. These benefits were denied, and the estate appealed into the court system.
The Ohio Court of Appeals for the 4th Appellate District reviewed Whitt’s contract relationship with Gary’s News to determine whether the Company exercised control over Whitt. The Court found that the Company did not exercise the right to control the manner or means of performing the work.
Further, the Court found that the contractual provisions stating the paper had to be delivered in a timely manner and in a dry, readable condition were not controlling, because the contractor could deliver the papers in any order. The Court also gave significance to the fact that Whitt used his own vehicle to deliver the papers, and was free to exercise control over how the products were delivered, within the time constraints set by the Company.
The Court affirmed the grant of Summary Judgment in favor of the Company, and dismissed the Workers’ Compensation claim.
