Burdick v. Thornton

712 P.2d 570, 109 Idaho 869, 1985 Ida. LEXIS 575
CourtIdaho Supreme Court
DecidedDecember 13, 1985
Docket15851
StatusPublished
Cited by25 cases

This text of 712 P.2d 570 (Burdick v. Thornton) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burdick v. Thornton, 712 P.2d 570, 109 Idaho 869, 1985 Ida. LEXIS 575 (Idaho 1985).

Opinions

SHEPARD, Justice.

This is an appeal, pursuant to I.A.R. 12(b), from a decision by the Industrial Commission that claimant-respondent Martha Burdick was an employee of defendant-appellant Larry Thornton, dba T-5 Quarter Horses, rather than an independent contractor. We affirm this interlocutory decision of the Commission and remand this case for further proceedings to determine the extent of workmen’s compensation benefits to which claimant is entitled.

Burdick came to work for T-5 Quarter Horses as a horse trainer soon after her graduation from a Wyoming college with a degree in equestrian science. T-5 Quarter Horses is a sideline business owned by Larry and Wende Thornton for the purpose of raising and training quarter horses on their ranch near Bellevue.

The parties had no written employment agreement. It is undisputed that the parties verbally agreed that Burdick would receive a monthly salary of $650.00, payable in two installments of $325.00, as well as rent-free use of an apartment on the premises.

No provisions were made for withholding payments from claimant’s salary for taxes, social security, or insurance. According to the Thorntons, they discussed taxes, workmen’s compensation insurance and health and accident insurance with claimant and claimant indicated she would be responsible for her own taxes and insurance, and wanted no deductions taken from her salary. According to claimant, she had no recollection of any such conversation, but when she received her first pay check she was told that she would be responsible for her own taxes.

The parties agreed that the claimant would train horses five days per week and that claimant could pick the two days per week she wished not to work. The actual training routine and the hours of the day that claimant would train horses were dictated by the weather and claimant’s professional judgment as a horse trainer. Claimant was also responsible for giving riding lessons to Mrs. Thornton on an irregular basis. In one instance when the Thorntons were on vacation, the claimant received specific instructions concerning the breeding of a particular mare and in fact bred the mare. On another occasion claimant attended a sale on behalf of T-5 to sell some of Thorntons’ horses according to specific instructions. Claimant also purchased a mare for T-5.

On August 2, 1982, Burdick was injured while training one of the T-5 horses. The Thorntons declared the accident on their homeowners insurance in order to help Burdick with her medical bills, as she had not obtained any medical insurance. Bur-dick resumed work at T-5 and continued until April 1983, when she quit her job and moved to California.

In July 1983, Burdick submitted a claim to the Industrial Commission for workmen’s compensation benefits allegedly ow[871]*871ing for the August 1982 accident. A hearing was held before the Industrial Commission on the sole issue of whether the claimant was an employee of T-5 Quarter Horses, or an independent contractor.

The Commission determined that claimant was an employee of T-5, focusing on the fact that while Thorntons exercised no control over claimant’s horse-training activities, they retained direct control over a number of other activities and duties claimant became involved in to further T-5 business. The Commission concluded that:

“... [T]he strongest fact in favor of a determination that Claimant is an independent contractor is her expertise as a horse trainer and the unequivocal evidence that Defendants made no attempt to interfere with her independent judgment in that area. In all other respects, however, Claimant was treated as an employee, was expected to, and did participate in various other phases of the overall business of Defendants.”

The Commission issued certification for appeal to this Court on the ground that the case involved a controlling question of law, “because resolution of the issue may preclude the necessity of further proceedings” before the Commission. The issue on appeal is whether substantial and competent evidence supports the Industrial Commission’s determination that claimant was an employee of the defendant at the time of her accident.

The determination of whether an injured party is an independent contractor or an employee is a factual determination to be made from full consideration of the facts and circumstances established by the evidence. Burns v. Nyberg, 108 Idaho 151, 697 P.2d 1165 (1985) (Bistline, J., dissenting), quoting Ledesma v. Bergeson, 99 Idaho 555, 585 P.2d 965 (1978). The Commission’s factual findings will not be disturbed by this Court when they are supported by substantial and competent evidence. Bums, supra (citations omitted); see also I.C. § 72-732.

The ultimate question in finding an employment relationship is whether the employer assumes the right to control the time, manner and method of executing the work of the employee, as distinguished from the right merely to require certain definite results in conformity with their agreement. Ledesma v. Bergeson, 99 Idaho at 558, 585 P.2d at 968; see also I.C. § 72-102(9), (13). Four factors are traditionally used in determining whether a “right to control” exists, including, (1) direct evidence of the right; (2) the method of payment; (3) furnishing major items of equipment; and (4) the right to terminate the employment relationship at will and without liability.

We note that evidence in this case was conflicting and that circumstances surrounding this relationship could easily be argued as establishing an .employment or independent contractor relationship. However, when a doubt exists as to whether an individual is an employee or an independent contractor under the Workmen’s Compensation Act, the Act must be given a liberal construction in favor of finding the relationship of employer and employee. Fitzen v. Cream Top Dairy, 73 Idaho 210, 249 P.2d 806 (1952). With this rule of construction in mind, we affirm the Commission’s determination that the relationship in this case was that of employer-employee. We agree with the Commission that the record, taken as a whole, provides sufficient indicia that the Thorntons retained a right to control claimant to establish an employer-employee relationship under workmen’s compensation law.

The Commission found that Thorntons exerted no direct control over claimant’s primary job of training horses. The evidence established that claimant was hired as a professional horse trainer because the Thorntons had insufficient experience, education and time to properly train the horses. The Thorntons made no attempt to interfere with Burdick’s independent judgment. in that area.

The Commission did find evidence of Thorntons’ direct control over a number of [872]*872other activities which Burdick engaged in to further T-5’s business. For example, claimant received specific instructions on the breeding of a mare and on the sale price to be obtained for certain horses the claimant transported to a sale in Oregon. In addition, one of claimant’s secondary duties was to provide riding lessons to Mrs. Thornton. The lessons were given depending upon Mrs.’-'Thornton’s schedule and availability.

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Burdick v. Thornton
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Cite This Page — Counsel Stack

Bluebook (online)
712 P.2d 570, 109 Idaho 869, 1985 Ida. LEXIS 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burdick-v-thornton-idaho-1985.