McGrew v. QUALITY CARRIERS, INC.
74 So. 3d 1253
| La. Ct. App. | 2011Background
- McGrew agreed to work as a truck driver for Quality Carriers under a May 8, 2009 contract and bought the truck from Quality under a lease-back arrangement.
- McGrew used the truck to perform a dedicated three-run route from Winnfield to Oakdale, loading resin at Arclin and unloading at Martco each day.
- On May 11, 2009, McGrew slipped while climbing onto the trailer and was injured.
- McGrew filed a disputed claim for workers’ compensation on May 6, 2010, asserting employee status entitles him to benefits.
- Quality moved for summary judgment in December 2010 on the ground that McGrew was an independent contractor, not spending a substantial part of time in manual labor.
- The hearing officer granted summary judgment for Quality, holding McGrew could not prove the manual labor exception; McGrew appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McGrew spends a substantial part of time in manual labor under 23:1021(7). | McGrew spent about 1.5 hours daily on manual tasks. | The physical acts do not constitute manual labor; traveling and loading activities are not manual labor under the statute. | Remand; genuine issue of material fact on manual labor burden exists. |
| Whether the last sentence of 23:1021(10) affects McGrew's status given his ownership/lease arrangement. | Contract terms and ownership arrangements should influence employee status. | Owner-operator provisions do not apply and the contract does not control classification. | Moot; issue resolved by issue 1. |
Key Cases Cited
- Riles v. Truitt Jones Const., 648 So.2d 1296 (La. 1995) (substantial manual labor threshold governs contractor status)
- Welch v. Newport Indus., Inc., 86 So.2d 704 (La.App. 1 Cir. 1956) (definition of substantial part and immaterial time emphasis)
- Guillory v. Overland Express Co., 796 So.2d 887 (La.App. 3 Cir. 2001) (case-by-case approach to manual labor exception for drivers)
- Hickman v. Southern Pacific Transport Co., 262 So.2d 385 (La. 1972) (consideration of contract content versus actual employment relationship)
- Crysel v. Gifford-Hill & Co., 158 So.2d 264 (La.App. 2 Cir. 1935) (contract terms not determinative of employee status)
- Murphy v. Tremont Lumber Co., 22 So.2d 79 (La.App. 2 Cir. 1945) (employee vs. independent contractor distinctions in context)