Flint Engineering & Construction Co. v. Richardson

726 P.2d 511, 1986 Wyo. LEXIS 624
CourtWyoming Supreme Court
DecidedOctober 15, 1986
DocketNo. 86-138
StatusPublished

This text of 726 P.2d 511 (Flint Engineering & Construction Co. v. Richardson) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flint Engineering & Construction Co. v. Richardson, 726 P.2d 511, 1986 Wyo. LEXIS 624 (Wyo. 1986).

Opinion

URBIGKIT, Justice.

The Worker’s Compensation question in this case of a construction worker’s status being either that of a noncovered indepen[512]*512dent contractor or that of a covered employee affords cause for the court to revisit Fox Park Timber Co. v. Baker, 53 Wyo. 467; 84 P.2d 736, 120 A.L.R. 1020 (1938), in determining whether substantial evidence supported the trial court in granting benefits to a rig welder after injury during oil-patch construction activities. We affirm.

That issue, although otherwise stated by the litigants, is whether an alleged independent contractor is a covered employee under Wyoming’s Worker’s Compensation laws, § 27-12-101 et seq., W.S.1977. An ancillary subject raised by appellant and discussed by appellee considers the “employment” agreement involved as being contendably invalid under Wyoming law by adversely determining rights to employee compensation benefits. We review the trial court’s determination of coverage and grant of benefits:

“The Court now finds and concludes generally in favor of the Claimant and against the Contestant on all issues. The Court further finds and concludes that Contestant exercised control over Claimant of such type and to such degree that Claimant was actually an employee of Contestant and not an independent contractor; that the so-called Agreement With Independent Contractor was not properly executed by the parties, was not supported by valid consideration, was not binding on the parties, and lacked the specificity necessary to exclude Claimant from worker’s compensation coverage; that in any event said Agreement, even if otherwise valid and sufficient to exclude Claimant from coverage, is void as a ‘contract’ or ‘device’ prohibited by 27-12-103(a), W.S. 1977; and that Claimant’s injury is covered by the worker’s compensation laws of the State of Wyoming.”

Ed Richardson (claimant) was a rig welder, meaning that he had a truck unit welder and hired out within the oil patch industry on an hourly basis for himself and his truck which supplied all equipment required to perform general welding services. Flint Engineering & Construction Co. (general contractor) was engaged in the oil field construction business, including both roustabout and pipeline work.

At the time of the injury, the general contractor had contracted to construct a natural gas pipeline in southwest Wyoming for Northwest Pipelines (owner).

Included in the construction of the usual pipeline job was some prefabrication and assembly completed in the general contractor’s yard prior to field installation. Claimant was engaged in this activity (after welding-skill testing by the owner) when injured. Richardson, who had worked for the general contractor before, had on those occasions been furnished an engagement contract which provided:

“AGREEMENT WITH INDEPENDENT CONTRACTOR
“It is the intent of the parties involved to. establish an ‘independent relationship' rather than an employer-employee relationship. All Federal, State and Local laws, regulations, and guidelines should be adhered to accordingly. The Independent Contractor is responsible for maintaining adequate amounts of insurance.”

This document was unsigned in the appropriate space by claimant who only inserted the word “Welder,” signed the bottom portion of the form entitled “Payer’s Request for Identifying Number,” and inserted his social security number. This form, as introduced in evidence, apparently related to a prior job, and no form is found for the Northwest job where he was injured.

At the jobsite, claimant worked as an expert welder fabricating units for the pipeline field installation at an hourly rate, under the supervision of Flint’s employees. Following employment in late August or early September of 1985, he was injured on September 21, 1985, when a buffing machine particle spun off the machine and pierced his right eye, causing permanent damage. Although he was supposed to have a helper furnished by the employer, [513]*513only one was available on an erratic basis, and no one was available at the time of the injury. Claimant contended that since the helper would have been doing the buffing, the availability of such assistance would have avoided the accident.

Wyoming’s Worker’s Compensation law came to exist by constitutional amendment which afforded the benefits and constrained certain common-law,rights of the employee:

“No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person. Any contract or agreement with any employee waiving any right to recover damages for causing the death or injury of any employee shall be void. As to all extra hazardous employments the legislature shall provide by law for the accumulation and maintenance of a fund or funds out of which shall be paid compensation as may be fixed by law according to proper classifications to each person injured in such employment or to the dependent families of such as die as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. Such fund or funds shall be accumulated, paid into the state treasury and maintained in such manner as may be provided by law. The right of each employee to compensation from such fund shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to such fund in favor of any person or persons by reason of any such injuries or death.” Article 10, § 4, Wyoming Constitution.

As a result of societal factors motivating the electorate to adopt the amendment and the legislature to provide comprehensive legislation, there has been invoked a basic tenet that the law must be construed with reasonable liberality to protect persons suffering casualties in industry and to avoid incongruous results. Fox Park Timber Co. v. Baker, supra.

The three generally applied principles, recently restated by this court in Hampton v. All Field Service, Inc., Wyo., 726 P.2d 98 (1986), are (a) liberal construction in favor of the employee; (b) however the employee must prove all of the essential facts required for claim allowance; and (c) the decision of the trial court will be sustained if supported by substantial evidence. Tate v. Colling Production Service, Inc., Wyo., 726 P.2d 100 (1986).

Agreement to Exclude Coverage

The general contractor justifies reversal premised on the “Independent Contractor” agreement. In examining the document, we need not premise our conclusion as to whether it applied to this job on the absence of its actual execution.

Appellant misunderstands the legal significance of the document. In no way does it confirm or establish the work-place relationship between the parties. We would consider the document to have been equally effective as an enumeration of the actual working status if the description afforded was “for service in the French Foreign Legion.” Without defining the relationship, the form gave the employment status a title without definitional character.

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242 P.2d 518 (Wyoming Supreme Court, 1952)
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Bowser v. State Industrial Accident Commission
185 P.2d 891 (Oregon Supreme Court, 1947)
Standard Oil Co. v. Smith
111 P.2d 132 (Wyoming Supreme Court, 1941)
Fox Park Timber Co. v. Baker
84 P.2d 736 (Wyoming Supreme Court, 1938)
Burnett v. Roberts
121 P.2d 896 (Wyoming Supreme Court, 1942)
Tharp v. Unemployment Compensation Commission
121 P.2d 172 (Wyoming Supreme Court, 1942)
Hampton v. All Field Service, Inc.
726 P.2d 98 (Wyoming Supreme Court, 1986)
Tate v. Colling Production Service
726 P.2d 100 (Wyoming Supreme Court, 1986)

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Bluebook (online)
726 P.2d 511, 1986 Wyo. LEXIS 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flint-engineering-construction-co-v-richardson-wyo-1986.