Schneider National Carriers v. Workers' Compensation Appeal Board

738 A.2d 53, 1999 Pa. Commw. LEXIS 720
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 14, 1999
StatusPublished
Cited by6 cases

This text of 738 A.2d 53 (Schneider National Carriers v. Workers' Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schneider National Carriers v. Workers' Compensation Appeal Board, 738 A.2d 53, 1999 Pa. Commw. LEXIS 720 (Pa. Ct. App. 1999).

Opinion

FRIEDMAN, Judge.

Schneider National Carriers (Employer) petitions for review of an order of the Workers’ Compensation Appeal Board (WCAB) affirming a Workers’ Compensation Judge’s (WCJ) decision to award William Beardon (Claimant) workers’ compensation benefits on the ground that he was an employee, not an independent contractor. We also affirm.

On December 6, 1989, Claimant, a truck driver hired by Employer, suffered injuries to his neck, shoulders and low back when the truck he was driving was involved in an accident. (WCJ’s Findings of Fact, No. 30.) Seeking benefits for his injury, Claimant filed a claim petition alleging that he was injured while in the course and scope of his employment with Employer. (WCJ’s Findings of Fact, No. 1.) Employer answered the claim petition by denying that Claimant was its employee, instead asserting that Claimant was an independent contractor and, thus, not entitled to benefits.1 (WCJ’s Findings of Fact, No. 2.)

A hearing was held before the WCJ, who made the following findings of fact on the issue of whether Claimant was an employee of Employer or an independent contractor:

5. On November 20, 1984, [Claimant] executed an Installment Sales Contract and Security Agreement with [Employer] for the purchase of the International Harvester Tractor which was involved in the subject accident. A Certificate of Title and Certificate of Origin indicates that [Employer] was the second lien-holder. The Installment Sales Contract and Security Agreement provides that in the event of any default, in the event that [Claimant] fails to enter into the Independent Contractor Operating Agreement, or if the Independent Contractor Operating Agreement was terminated for any reason, [Employer] was entitled to possession and control of the tractor. The Installment Sales Contract and Security Agreement includes warranties of purchaser, including a warranty that [Claimant] would only use the tractor for business purposes and would not use the tractor for agricultural, personal, family or household purposes.
6. On June 1, 1987, [Claimant] executed an Independent Contractor Operat[56]*56ing Agreement with the defendant. The Agreement provides that [Claimant] would be responsible for the payment of operating costs, including the cost of fuel, fuel taxes, tolls, apportioned base plates, equipment maintenance and repairs, road access, mileage taxes, fines and other levies or assessments. The Agreement further provides that [Claimant] must maintain in force at all times proper workers’ compensation insurance coverage. The Agreement provides that [Employer] was entitled to deduct a reasonable amount each month for workers’ compensation insurance from [Claimant’s] pay unless [Claimant] furnished a current Certificate of Coverage to [Employer], This deduction would be itemized under each settlement sheet to [Claimant], The Agreement further provides that all equipment identification would be provided by [Employer] and shall remain the property of [Employer], The Agreement also provides that [Employer] could terminate the lease immediately for reasons including but not limited to the failure to comply with all laws and regulations governing performance, failure to maintain insurance required, failure to exercise all diligent efforts to conduct operations to assure continued customer satisfaction, and failure to provide notice required before electing to go out of service and failure to perform any other duty required under the Agreement. The Agreement could also be terminated by [Employer] at any time after 30 days from the date the Agreement was executed in the event of a material breach or by written notice. The Agreement further provides that [Claimant] could take himself out of service prior to dispatch provided that he notify [Employer] in advance of his intention to elect out of service status at the time of his immediately preceding dispatch. The Agreement further provides that ... the failure of [Claimant] to accept a load absent the notice required shall be ground for termination of the Agreement. The Agreement also provides that [Employer] would be sole judge of the condition of [Employer’s] equipment and/or other property. The Agreement further provides that [Employer] may require equipment to be inspected at [Claimant's cost at facilities that [Employer] has approved. The Agreement further provides that [Employer] could require [Claimant], at his cost, to undergo physical examinations and/or to be drug tested at facilities and using such methods as [Employer] shall have approved.
7. Although the Independent Contractor Operating Agreement provides that [Claimant] was required to have workers’ compensation insurance coverage, [Employer’s witness] testified that on or about August 1, 1989, she sent a letter to the drivers under the Independent Contractor Operating Agreement who were not residents of the State of Indiana which stated that [Employer] would accept an occupational accident program offered by The National Association of Independent Truckers in lieu of workers’ compensation. The letter further provides that [Employer] took the liberty of enrolling the drivers in the NAIT program and would make deductions from the drivers’ pay. Although [Claimant] signed a membership application for the NAIT program, he stated that he did not receive the application until after the subject accident. The Settlement Statement dated September 22, 1989 indicates that [Employer] commenced making monthly deductions from the Claimant’s payouts for the NAIT insurance program in September, 1989.
8. [Claimant] was required to attend an orientation program by [Employer],
9. [Employer] inspected the tractor periodically for safety.
10. [Employer] had the right to accept or reject substitute drivers proposed by the drivers who signed the Independent Contractor Operating Agreement.
[57]*5711. [Employer] could terminate the Independent Contractor Operating Agreement if the tractor was not in satisfactory condition or [was] not operated to its satisfaction. Additionally, [Employer] could terminate the Agreement without cause provided written notice was given.
12. Although [Employer] did not specify the route to be taken, [Employer] told [Claimant] the destination and time of arrival. [Claimant] was paid on a mileage basis which was based upon the Household Good Carriers Mileage Guide.[2] [Claimant] was paid on a weekly basis.
13. Both the tractor and trailer operated by [Claimant] had [Employer’s] name an[d] ICC number attached.
14. [Claimant] was not permitted to operate or permit operation of the equipment for any purpose other than pursuant to the terms of the Independent Contractor Operating Agreement and the Installment Sales Contract and Security Agreement.
15. [Claimant] was required to submit logs after each trip as set forth on page two paragraph three of the Independent Contractor Operating Agreement.
16. A fuel card was provided to [Claimant] in [Employer’s] name, and [Employer] would later deduct the amounts charged from the payments to [Claimant]. [Claimant] was only permitted to obtain fuel from locations designated by [Employer].
17. [Claimant] was required to contact the dispatcher every morning.
18.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

J. Markham v. Thomas W. Wolf
147 A.3d 1259 (Commonwealth Court of Pennsylvania, 2016)
American Road Lines v. Workers' Compensation Appeal Board (ROYAL)
39 A.3d 603 (Commonwealth Court of Pennsylvania, 2012)
Utopian Homes, Inc. v. Walker
Maine Superior, 2005
ABF Freight Systems, Inc. v. Workers' Compensation Appeal Board
744 A.2d 348 (Commonwealth Court of Pennsylvania, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
738 A.2d 53, 1999 Pa. Commw. LEXIS 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-national-carriers-v-workers-compensation-appeal-board-pacommwct-1999.