Davis v. Clarion Ledger, et al.
| Docket Number: | 2005-WC-01510-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-03-2006 Opinion Author: KING, C.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Workers’ compensation - Employment status - Control test Judge(s) Concurring: LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS,BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 06-29-2005 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: AFFIRMED COMMISSION’S DENIAL OF BENEFITS Case Number: 2003-0137-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | TINA DAVIS |
DENNIS HARMON |
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| Appellee: | THE CLARION-LEDGER AND THE TRAVELERS INSURANCE COMPANY | ERNEST RUSSELL TURNER |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Workers’ compensation - Employment status - Control test |
| Summary of the Facts: | Tina Davis entered into an agreement with The Clarion-Ledger to sell newspapers. This contractual arrangement continued until January 2001, when Davis informed The Clarion-Ledger District Manager Danny Tharp of her intent to terminate her contract with The Clarion-Ledger because she was not making enough money. In response to Davis’ concerns, Tharp requested that Davis continue to service this territory until a replacement could be found. Tharp proposed to pay Davis $40 per day for her services, and to give her a $5 per day gasoline allowance. Under the new agreement, Davis would continue to transport the newspapers and collect the unsold newspapers in the same fashion to which she was accustomed, but she would not have to purchase the newspapers, nor would she collect the money from the machines. Davis accepted this offer. Davis had worked approximately two weeks under the new agreement. After having restocked a newspaper rack, Davis stepped off of a curb and injured her ankle. Davis filed a petition to controvert with the Workers’ Compensation Commission. The administrative judge held that Davis was an independent contractor, and denied her claim. The Commission affirmed the order of the administrative law judge. Davis appealed to circuit court, which affirmed the Commission’s order. Davis appeals. |
| Summary of Opinion Analysis: | Davis argues that The Clarion-Ledger clearly controlled the methods by which she maintained the newspaper racks primarily by changing the locks on the racks. The “control test” in determining whether an individual is an employee or an independent contractor consists of direct evidence of right or exercise of control; method of payment; the furnishing of equipment; and the right to fire. The facts tend to illustrate The Clarion-Ledger’s right to control the details of Davis’ work. The method of payment factor clearly favors a finding of employment since Davis was to be paid a salary of $40 dollars per day regardless of the number of papers actually sold. Although Davis furnished her own automobile, The Clarion-Ledger furnished her gasoline, the newspapers, locks on the machines, and quarters to open the machines. The Clarion-Ledger conceded that either Davis or The Clarion-Ledger could have terminated the relationship at any time. An application of the four factors of the control test indicates that Davis was an employee rather than an independent contractor. An application of the “nature of the work test” also indicates that Davis was an employee of The Clarion-Ledger. |
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