Jackson Sawmill, Inc. v. West

619 S.W.2d 105, 1981 Tenn. LEXIS 453
CourtTennessee Supreme Court
DecidedJuly 13, 1981
StatusPublished
Cited by10 cases

This text of 619 S.W.2d 105 (Jackson Sawmill, Inc. v. West) 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
Jackson Sawmill, Inc. v. West, 619 S.W.2d 105, 1981 Tenn. LEXIS 453 (Tenn. 1981).

Opinion

OPINION

FONES, Justice.

This is a workers’ compensation case in which the sole issue is whether defendant, Mr. West, was an independent contractor or an employee of plaintiff at the time of his injury. Plaintiff, Jackson Sawmill, Inc., instigated the present suit to resolve this issue and the trial court held that West was indeed an independent contractor and not an employee. For the reasons set forth below, we affirm the decision of the trial judge.

I.

Plaintiff, Jackson Sawmill, is a Tennessee corporation with its principal place of business in Jackson, Tennessee. According to the testimony of the president, Mr. Hanaf-ee, it would purchase tracts of timber from individual property owners in the surrounding counties. The Company would then hire loggers to cut, load, and haul the timber to the sawmill for processing. The property owner would typically indicate to the Company the size and length of timber to cut. The contract with the landowner on whose property defendant was injured, for example, required that the trees be cut “fourteen inches from the ground, fourteen inches to the stump.” At the time defendant was injured, Hanafee testified his company contracted with about three or four different loggers for the purpose of cutting and hauling the timber to the sawmill.

Defendant, Mr. West, began working for plaintiff in September of 1976. A written contract entered into between the parties that year stated as follows:

I herewith enter into this contract with Jackson Sawmill Company Inc., Jackson, Tennessee to cut, snake, load and haul logs to their mill in Jackson, Tennessee for $67.00 per M. Timber to the designated by Jackson Sawmill Company, Inc.
I will furnish all necessary tools, labor and equipment to complete this job. The work to be performed in an efficient manner for the best results obtained.
s/ Earl West

During the entire relationship between the parties, Mr. West did in fact own and provide all the necessary equipment to cut and haul the timber to the sawmill. This equipment included “two trucks, a knuckle boom loader and a skidder,” as well as the necessary saws, wedges, and sledgehammers. If any of defendant’s equipment broke down for an extensive period of time, [107]*107he was allowed to use the Company’s equipment, but if the company had to provide its own truck and driver, defendant was not paid the same rate as he was when he was using his own equipment. For short break downs lasting less than a day or so, replacement equipment was not needed.

Defendant was paid according to the board feet of logs he cut and hauled for plaintiff. Jackson Sawmill Company did not withhold any social security or income taxes from defendant’s paycheck.

Defendant also hired his own employees, whom he paid according to the thousand board feed cut and hauled. He withheld no social security or income taxes from their pay checks. As to the members of his crew, defendant maintained complete control as far as deciding who to hire and fire and as far as directing how they were to perform their jobs. Jackson Sawmill had no control over them.

From July to December, 1977, plaintiff did deduct from defendant’s pay checks the cost of premiums for workers’ compensation insurance. It is unclear whether this policy covered defendant or just his employees. Defendant and his wife were not satisfied with the amounts being deducted for this expense and therefore decided to purchase their own insurance to get a better rate. Defendant was issued, on January 4,1978, a certificate of insurance indicating he had acquired workers’ compensation coverage. It appears undisputed that this policy only covered defendant’s employees and did not cover defendant.

During his relationship with the Company, defendant was not required to work a specific number of hours per week, and was not told when to start his job in the morning or when to end in the afternoon. If the job site was some distance from his home, it was up to defendant to decide whether to commute or rent a motel room near the place he was working. If he did stay in a motel, he paid for that expense.

Representatives of the Company would show defendant the nature and type of work to be done on each job. He was directed to the boundaries of the land on which to cut and either shown trees that were marked to be cut or told what size trees to cut. He was further instructed on what length to cut the logs and was specifically told not to split the trees or pull the stumps. Defendant was also directed to the logging roads to be used and was told not to use them when they were too wet in order to prevent their deterioration. Defendant, however, could work on days when it rained if he so chose. On these days he could cut, snake, and bunch the trees to be hauled at a later date.

During the time that defendant worked for plaintiff he also worked for at least three other companies, either cutting, snaking, or hauling logs. Defendant testified that he had to ask permission to do so and could only work for others when plaintiff was not operating. Hanafee testified, however, that defendant was free to work for anybody he wanted. Once the parties entered into an agreement for defendant to cut timber on a specific job, however, he would consider it a breach of contract for defendant to leave prior to completing that job.

While working in this relationship with plaintiff, defendant was injured on July 22, 1978, when a large tree fell across him.

II.

In analyzing whether an individual is an employee or an independent contractor, this Court has set forth a number of tests to be applied:

“Among these tests are (1) the right to control the conduct of the work, (2) the right of termination, (3) the method of payment between the alleged employer and employee, (4) whether or not the alleged employee furnishes his own helpers, and (5) whether or not the alleged employee furnishes his own tools.
These tests are no more than a means of analysis. They are not to be applied abstractly, nor are they absolutes which preclude examination of each work relationship as a whole. Utilization of these tests depends upon the salient facts of a [108]*108particular relationship. No one test is infallible or entirely indicative of the legal characterization to be given to a particular relationship. The decisional value of any single test is commensurate with the degree of its applicability to the particular case.” Cromwell General Contractors, Inc. v. Lytle, 222 Tenn. 633, 639-40, 439 S.W.2d 598, 601 (1969).

Although no one test is “infallible or entirely indicative,” it is equally well settled that “[t]he primary test for determining claimant’s status as employee or independent contractor is the ‘right to control.’ ” Lindsey v. Smith and Johnson, Inc., 601 S.W.2d 923, 925 (Tenn.1980). Other well established considerations of workers’ compensation law are not abandoned, however:

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Bluebook (online)
619 S.W.2d 105, 1981 Tenn. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-sawmill-inc-v-west-tenn-1981.