PAUL ORCUTT, APPELLANT,
v.
ENVIRONMENTAL TECHNOLOGIES, INC., AND JOHNS EASTERN CO., APPELLEES
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Florida appellate court reversed a workers' compensation denial, holding that Orcutt was an employee rather than an independent contractor based on factors including hourly wage payment, provision of materials and tools, and the employer's absolute right to terminate.
An individual is an employee rather than an independent contractor when the putative employer provides materials, tools, and workplace, pays hourly wages, and retains absolute right to terminate.
[1] An individual is classified as an employee rather than an independent contractor for workers' compensation purposes when the employer provides materials, tools, and workp…
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Join FLexlaw to unlock all legal intelligenceOrcutt was hired by Environmental Technologies to perform work; he was injured on the job after completing his original assignment. The deputy commiss…
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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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Cited By
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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)