PAUL ORCUTT, APPELLANT,
v.
ENVIRONMENTAL TECHNOLOGIES, INC., AND JOHNS EASTERN CO., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An employer-employee relationship exists when the employer provides all materials and workplace, pays an hourly wage, supplies tools, grants work breaks with regular employees, and retains an absolute right to terminate without liability.
[1] An employer's absolute right to terminate an employment relationship without liability is a significant factor in determining that an employee status exists rather than a…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“we see no meaningful distinction between this case and Brewer v. Cueto, 379 So. 2d 1322 (Fla. 1st DCA 1980)”
The court compared the present case to prior precedent establishing that the employer's absolute right to terminate without liability supported finding an employment relationship.
Orcutt was injured while working for Environmental Technologies. The deputy commissioner found him an independent contractor and denied workers' compe…
The full statement of facts, procedural history, and disposition for this case are member content.
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MILLS, Judge.
The controversy in this workers’ compensation case centers around whether Orcutt was an employee or an independent contractor. The deputy commissioner, after hearing the evidence, found that Orcutt was an independent contractor, thus, not entitled to workers’ compensation benefits. We reverse.
Although there was conflicting evidence on the issue, an examination of the record discloses the following factors which indicate the existence of an employer-employee relationship: (1) all materials used by Or-cutt were provided by Environmental Technologies; (2) he was paid an hourly wage instead of on a per job basis, and was paid every two weeks; (3) Logsdon, Orcutt’s supervisor, provided him with most of the tools used on the job; (4) the work place was provided by Environmental Technologies; (5) Orcutt took work breaks with the regular employees; (6) at the time of his injury, he had already completed the job for which he originally had been hired; and (7) Environmental Technologies had an absolute right to terminate the relationship at any time without liability.
Based on this evidence, especially on the fact that Environmental Technologies had the absolute right to fire Orcutt, we see no meaningful distinction between this case and Brewer v. Cueto, 379 So. 2d 1322 (Fla. 1st DCA 1980). The deputy erred in finding that Orcutt was an independent contractor rather than an employee.
Reversed and remanded for further proceedings.
SHIVERS, J., concurs.
BOOTH, J., dissents with opinion.
BOOTH, Judge,
dissenting:
I respectfully dissent. The order of the deputy determining that appellant was an independent contractor is supported by competent, substantial evidence and should be affirmed.
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Pearson v. Harris, 449 So. 2d 339 (Fla. 1st DCA 1984)…ewer v. Cueto, 379 So. 2d 1322, 1323 (Fla. 1st DCA 1980), cert. den. 388 So. 2d 1111 (Fla. 1980), whether or not an individual is an independent contractor “ultimately turns on the power to control.” See, also, Orcutt v. Environmental Technologists, 432 So. 2d 701 (Fla. 1st DCA 1983). This court noted recently, in Saudi Arabian Airlines Corporation v. Dunn, 438 So. 2d 116 (Fla. 1st DCA 1983), that at common law, the four elements considered in making a determination of whether a master and servant relationshi…
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Tampa Elec. Co. v. Bradshaw, 477 So. 2d 624 (Fla. 1st DCA 1985)…f students did not register for it. See also Natural Landscaping, Inc. v. Snyder, 466 So. 2d 1184 (Fla. 1st DCA 1985); Saunders, 453 So. 2d at 163-64; Pearson v. Harris, 449 So. 2d 339 (Fla. 1st DCA 1984); Orcutt v. Environmental Technologies, Inc., 432 So. 2d 701 (Fla. 1st DCA 1983). The fact that PHCC did not take payroll deductions from claimant’s paychecks does not override the evidence establishing that claimant was an employee. “[T]he payment of wages is the least important factor in determining the cha…
Authorities Cited
- Brewer v. Cueto, 379 So. 2d 1322 (Fla. 1st DCA 1980)