TWCA reviews whether plaintiff was an employee or an independent contractor for the purposes of a workers' compensation suit

GLORIA KAZELESKI v. DIXIE MOTORS, INC. (TWCA February 10, 2010)

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The plaintiff, Gloria Kazeleski, was involved in an automobile accident, and sought workers' compensation benefits from defendant Dixie Motors, Inc. Dixie Motors contended that she was not its employee, but an independent contractor. The trial court ruled that she was an employee, and awarded benefits, including 100% permanent disability of the left arm. The defendant has appealed, arguing that the trial court erred by finding that plaintiff was its employee. We conclude that she was an independent contractor, and reverse the judgment.

Full opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/kazeleskig_021010.pdf