Acklie v. Carrier

785 S.W.2d 355, 1990 Tenn. LEXIS 69
CourtTennessee Supreme Court
DecidedFebruary 26, 1990
StatusPublished
Cited by14 cases

This text of 785 S.W.2d 355 (Acklie v. Carrier) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Acklie v. Carrier, 785 S.W.2d 355, 1990 Tenn. LEXIS 69 (Tenn. 1990).

Opinion

OPINION

COOPER, Justice.

This is an appeal by J.R. Smith Oil Company, Inc., and its insurer from an award of worker’s compensation benefits to Vernon Acklie. The basis of the liability of the Oil Company is the finding by the trial court that the oil company was the principal contractor for the remodeling of the Executive Plaza Building in Bristol, Virginia. Appellants insist that this finding was in error, and also insist that, at best, appel-lee was a casual employee. In turn, appel-lee takes issue with the percentage of disability found by the trial court, and the computation of appellee’s average weekly wage. On consideration of these issues, we affirm the judgment of the trial court.

Smith Oil Company’s primary business is the distribution of petroleum products. It also owns several improved tracts of land, which it has leased for the operation of convenience stores or service stations. The remodeling of the buildings to make them suitable for use as convenience stores was done by Smith Oil employees, with specialized work, such as electrical and heating and air conditioning, being done by independent contractors.

In May, 1986, Smith Oil Company purchased the Executive Plaza Building as an investment in rental property. According to Mr. Smith, the president of the oil company,

Smith Oil Company needed to diversify and maybe have another income other than the petroleum business because its pretty rough sometimes, and it was a rental type building, so we bought it out of bankruptcy at a pretty good price.

Shortly after acquiring the Plaza, the oil company undertook a complete renovation of the second floor of the building, to meet the requirements of a law firm that had leased the space, and also undertook “more or less an upgrade” of the remainder of the building. The oil company contracted with Bob Everhart to tear out old walls and put in new walls, electricians to install wiring, Dana Carrier for heating and air conditioning work, and the Tri-City Industrial Builders. The oil company used its own employees to do “most of the painting and upgrading of the building” and to assist subcontractors by going after material and occasionally helping with heavy work.

The agreements between the oil company and the various contractors employed to work in the renovation project were oral. The only one detailed in the evidence to any extent was that with Carrier covering the installation of heating and air conditioning ducts and equipment. Under the agreement, Carrier was responsible for developing the necessary recommendations regarding details surrounding the installation of the heating and air conditioning system. He also was responsible for employing necessary workers, and for the furnishing of necessary tools for working sheet metal. Smith Oil Company was to pay the actual cost of materials and equipment necessary for completion of the system and was to pay Carrier for the hours he and his employees worked on the job. There was no agreement as to per unit or per job cost, but Carrier was required to get permission of Smith Oil Company before purchasing large items.

The record shows that Bob Smith, president of Smith Oil Company, was at the Plaza almost every day to check on progress of the renovation work, including the heating and air conditioning installations. Mr. Smith was considered the boss [357]*357and coordinated everyone’s work. He gave Dana Carrier “instructions and plans as to what the job was going to entail,” told Carrier where to start, what area to do next, and how he wanted the work done. On occasion, when Smith was not present, Carrier had to contact him to find out where to work at the Plaza. On other occasions, Bob Smith re-directed Carrier to work in an area different from earlier instructions. Also when carpenters failed to do necessary work, Mr. Smith directed Carrier employees to begin taking out a wall so as not to delay the renovation work.

Vernon Acklie was employed ,by Dana Carrier on June 9, 1986, to help install the heating and air conditioning system. On September 1,1986, Mr. Acklie was severely injured when he fell down the shaft of an elevator on Plaza premises. At the time, Mr. Acklie was attempting to load tools to be taken to the second floor for use by him and other employees of Carrier in the installation of duct work. Carrier continued to work at the Plaza until December, 1986.

Mr. Acklie filed a worker’s compensation action against his employer, Dana Carrier, and against Smith Oil Company and its insurer. The basis of the action against Smith Oil Company was that Smith was a principal contractor and, therefore, a statutory employer for purposes of the Worker’s Compensation Act. See T.C.A. § 50-6-113. The trial court dismissed the action against Carrier, on finding that he did not have the requisite five employees and had not elected to come within the ambit of the Workers’ Compensation Act. The trial court further found that Smith Oil Company was the principal contractor on the renovation of the Executive Plaza and, as such, was liable to Mr. Acklie for payment of benefits for disability resulting from injuries he received while working on the renovation of the Executive Plaza in the course and scope of his employment by Carrier.

In T.C.A. § 50-6-113, the responsibility for worker’s compensation benefits is expanded beyond the traditional employer-employee relationship to principal and intermediate contractors and subcontractors. That section provides in material part, as follows:

50-6-113. Liability of principal, intermediate contractor or subcontractor.— (a) A principal, or intermediate contractor, or subcontractor shall be liable for compensation to any employee injured while in the employ of any of his subcontractors and engaged upon the subject matter of the contract to the same extent as the immediate employer.
[[Image here]]
(c) Every claim for compensation under this section shall be in the first instance presented to and instituted against the immediate employer, but such proceedings shall not constitute a waiver of the employee’s rights to recover compensation under this chapter from the principal or intermediate contractor; provided, that the collection of full compensation from one (1) employer shall bar recovery by the employee against any others, nor shall he collect from all a total compensation in excess of the amount for which any of the contractors is liable.
(d) This section shall apply only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under his control or management.

The purpose of the statute is to insure as far as possible to all workers payment of benefits when they are injured in the course and scope of their employment by passing coverage from employers who might not have coverage under the Workers’ Compensation Act to intermediate or principal contractors who do have coverage. Stratton v. United Inter-Mountain Telephone, 695 S.W.2d 947 (Tenn.1985); Clendening v. London Assurance Co., 206 Tenn. 601,

Related

Brian Coblentz v. Tractor Supply Company
Tennessee Supreme Court, 2025
Jimmy Wayne Helton v. Earl Lawson
Court of Appeals of Tennessee, 2019
Washington, John v. UPS Ground Freight, Inc.
2018 TN WC 56 (Tennessee Court of Workers' Comp. Claims, 2018)
Fisher, Jessica v. Middle Tennessee Tanning DBA Sun Tan City
2015 TN WC 50 (Tennessee Court of Workers' Comp. Claims, 2015)
Lindsey v. Trinity Communications, Inc.
275 S.W.3d 411 (Tennessee Supreme Court, 2009)
Murray v. Goodyear Tire & Rubber Co.
46 S.W.3d 171 (Tennessee Supreme Court, 2001)
Brown v. Canterbury Corp.
844 S.W.2d 134 (Tennessee Supreme Court, 1992)
Dickerson v. Godfrey
825 S.W.2d 692 (Tennessee Supreme Court, 1992)
LeFort v. Millers Merry Manor, Inc.
572 N.E.2d 1330 (Indiana Court of Appeals, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
785 S.W.2d 355, 1990 Tenn. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acklie-v-carrier-tenn-1990.