Curry v. Interstate Express, Inc.

607 So. 2d 230, 1992 Ala. LEXIS 973
CourtSupreme Court of Alabama
DecidedAugust 21, 1992
Docket1910784
StatusPublished
Cited by1 cases

This text of 607 So. 2d 230 (Curry v. Interstate Express, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curry v. Interstate Express, Inc., 607 So. 2d 230, 1992 Ala. LEXIS 973 (Ala. 1992).

Opinion

SHORES, Justice.

We granted the petition for certiorari review to determine whether the Court of Civil Appeals erred in affirming the trial court’s order denying worker’s compensation benefits in this case. Otis Randy Curry sued Interstate Express, Inc. (“Interstate”), seeking worker’s compensation benefits after he was seriously injured in a motor vehicle accident. Curry claims he was an employee of Interstate; Interstate contends that Curry was an independent contractor and was thus not entitled to benefits.

The case was tried on October 12, 1990, and the trial court held that Curry had not proved he was an employee within the coverage of the Alabama Workmen’s Compensation Act, § 25-5-1 et seq., Code of Alabama 1975. Curry appealed to the Court of Civil Appeals, which reversed the judgment of the trial court and remanded the case on the grounds that the trial court’s findings of fact and conclusions of law failed to comply with § 25-5-88, Code of Alabama 1975, 582 So.2d 565. On remand, the trial court issued a second order denying Curry’s claim for benefits. Curry appealed to the Court of Civil Appeals, which affirmed, 607 So.2d 228. We reverse and remand.

In Ex parte Eastwood Foods, Inc., 575 So.2d 91, 93 (Ala.1991), we clarified the standard of appellate review in worker’s compensation cases:

“The standard of appellate review in workmen’s compensation cases is a two-step process. Initially, the reviewing court will look to see if there is any legal evidence to support the trial court’s findings. If such evidence is found, then the reviewing court determines whether any reasonable view of that evidence supports the trial court’s judgment.”

We also stated that “a trial court’s ‘findings of fact’ that are, in reality, an application of the law to the facts, or that are, stated differently, legal conclusions, do not come within the purview of the ‘presumption of correctness’ standard.” Id.

The issues on appeal are: 1) whether the trial court’s findings of fact and conclusions of law were in compliance with § 25-5-88, Code of Alabama 1975; and 2) whether there is any evidence to support the trial court’s conclusion that Curry was not an employee of Interstate within the meaning of the Workmen’s Compensation Act.

The procedure in disputed claims arising under the Workmen’s Compensation Act is set out in § 25-5-88, Code of Alabama 1975, and must be complied with. The statute reads in pertinent part:

“At the hearing or any adjournment thereof the court shall hear such witnesses as may be presented by each party, and in a summary manner without a jury, unless one is demanded to try the issue of willful misconduct on the part of the employee, shall decide the controversy. This determination shall be filed in writing with the clerk of said court, and judgment shall be entered thereon in the same manner as in civil actions tried in the said circuit court and shall contain a [232]*232statement of the law and facts and conclusions as determined by said judge.”

(Emphasis added.) Section 25-5-88 requires that a judgment in a worker’s compensation case contain findings of fact and conclusions of law. Dale Motels, Inc. v. Crittenden, 49 Ala.App. 51, 268 So.2d 834 (1972). While the appellate courts have reversed worker’s compensation decisions in which the trial court’s findings of fact were completely unresponsive to the issues (see, Dennis v. Gamble’s Inc., 389 So.2d 142 (Ala.Civ.App.1980)), they have also held that substantial compliance with § 25-5-88 will suffice. Dees v. Daleville Florist, 408 So.2d 155 (Ala.Civ.App.1981); Fordham v. Southern Phenix Textiles, Inc., 387 So.2d 204 (Ala.Civ.App.), cert. denied, 387 So.2d 206 (Ala.1980). When the trial court’s findings are merely meager or omissive, the appellate court will look to the evidence to see if the trial court’s judgment can be sustained. Harbin v. United States Steel Corp., 356 So.2d 179 (Ala.Civ.App.1978).

The order from the trial court appears as follows:

“Pursuant to the judgment of the Court of Civil Appeals entered May 3, 1991, the prior judgment previously entered in this cause is hereby set aside and the following judgment is hereby entered:
“This is a claim for benefits under the Workmen’s Compensation Laws of Alabama. For the Plaintiff to recover it is necessary for him to establish that he is an employee within the definitions set forth in the Workmen’s Compensation Laws of Alabama; and, to be entitled to benefits, that he received an injury arising out of and in the course of his employment as an employee under the Workmen’s Compensation Laws of Alabama.
“The Court finds as a fact that the Plaintiff is not an employee within the meaning of the Workmen’s Compensation Laws of Alabama but was an independent contractor; and that the Plaintiff is not entitled to any benefits under the Workmen’s Compensation Laws of Alabama.
“It is therefore ORDERED, ADJUDGED and DECREED that judgment is entered in favor of the Defendant and against the Plaintiff and that this cause be and the same is hereby dismissed, with any unpaid costs taxed to the party at whose instance said costs were incurred.”

We agree with the Court of Civil Appeals that the findings of fact are “meager” at best. Therefore, we must determine whether there is any evidence to support the trial court’s conclusion that Curry was an independent contractor, rather than an employee of Interstate.

The Worker’s Compensation Act defines “employee” in § 25-5-1, Code of Alabama 1975, as follows: “(6) EMPLOYEE, WORKER, WORKMEN and WORKMAN.... Such terms include every person not excluded by section 25-5-50, in the service of another under any contract of hire, express or implied, oral or written....” As the Court of Civil Appeals said in Ford v. Mitcham, 53 Ala.App. 102, 298 So.2d 34 (1974), this definition is not totally clear, but it does indicate that a contractual relationship between two parties is essential.

It is well established law in this state that, in determining whether an employer-employee relationship exists, the court looks to the right of control, either actually exercised or reserved. In the last analysis, it is the reserved right of control rather than its actual exercise that provides the answer. Tuscaloosa Veneer Co. v. Martin, 233 Ala. 567, 172 So. 608 (1937); C.E. Adams & Co. v. Harrell, 257 Ala. 25, 57 So.2d 83 (1952); Craig v. Decatur Petroleum Haulers, Inc., 340 So.2d 1127 (Ala.Civ.App.1976), cert. denied, Ex parte Decatur Petroleum Haulers, Inc., 340 So.2d 1130 (Ala.1977). The factors tending to demonstrate a right of control are: (1) direct evidence that demonstrates a right or the exercise of control, (2) the method by which the injured individual received payment for his services, (3) whether the equipment is furnished by the alleged employer or not, and (4) whether the individual has the right [233]*233to terminate. White v. Henshaw, 363 So.2d 986, 988 (Ala.Civ.App.1978).

Applying these factors to this case, we find: (1) Direct evidence demonstrates a right of control, or the exercise of control, by Interstate; this evidence consists of the terms of the lease agreement executed between the parties on April 3, 1987, and the testimony given in the case.

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607 So. 2d 230, 1992 Ala. LEXIS 973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curry-v-interstate-express-inc-ala-1992.