CARBAJAL v. PRECISION BUILDERS, INC.
2014 OK 62
| Okla. | 2014Background
- Claimant alleges injury from scaffolding collapse while performing construction work in Okmulgee, Oklahoma.
- Claimant sought workers' compensation benefits, asserting employee status with Precision Builders, Inc. and/or Mark Dickerson.
- Initial Workers' Compensation Court trial tribunal found claimant to be an independent contractor, denying benefits.
- Three-judge review panel affirmed; Oklahoma Court of Civil Appeals sustained the panel's order.
- Court grants certiorari to determine whether claimant was an employee or independent contractor under Page v. Hardy factors.
- Court holds that claimant was an employee; remands for proceedings consistent with this ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Carbajal an employee or independent contractor? | Carbajal status as employee shown by control and integration. | Precision treated him as contractor; independent contractor status supported by record. | Carbajal is an employee; remand for further proceedings. |
Key Cases Cited
- Page v. Hardy, 334 P.2d 782 (OK, 1958) (factors for employee versus independent contractor)
- Carlock v. Workers' Compensation Commission, 324 P.3d 408 (OK, 2014) (jurisdictional factual review for employment status)
- Tolbert v. Eastern Contracting, Inc., 978 P.2d 358 (OK, 1999) (standard for factual analysis in de novo review)
- Garrison v. Bechtel Corp., 889 P.2d 273 (OK, 1995) (jurisdictional fact decision in employment context)
- Swafford v. Sherwin Williams, 863 P.2d 1215 (OK, 1993) (employer-employee relationship considerations)
- Mills v. R.T. 'Bob' Nelson's Painting Service, 421 P.2d 849 (OK, 1966) (payments and control impacting contractor status)