State Ex Rel. Workforce Safety & Insurance v. Larry's on Site Welding
2014 ND 81
| N.D. | 2014Background
- Snook sustained an on-the-job injury for WSI claim purposes; Larry’s On Site Welding (Larry’s) did not carry WSI coverage.
- WSI initially classified Snook as an employee; Larry’s contested, asserting Snook was an independent contractor.
- ALJ found Snook and others were independent contractors, concluding Larry’s did not control the means and manner of work.
- ALJ noted no written contracts, intermittent work, and that rig foremen directed day-to-day tasks.
- Welders used their own tools and vehicles, paid their own expenses, and could be terminated at will; payments were hourly and tied to billed time.
- WSI district court affirmed the ALJ’s independent contractor determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Snook and similar welders are independent contractors under the common-law test. | Snook framed as employee; Larry’s control over means implied employment. | Independent contractor status; control limited to outcome, not means. | Yes, independent contractors (ALJ supported by record). |
| Whether the ALJ properly applied the 20-factor common-law test and weighting. | Weighted factors should favor employee status given control and relationship. | Record supports minimal control over means; factors support contractor status. | ALJ’s application supported by findings; contractor status affirmed. |
Key Cases Cited
- Parsons v. Workforce Safety & Ins. Fund, 2013 ND 235 (ND 2013) (indeed review of agency decisions under N.D.C.C. ch. 28–32)
- BKU Enterprises, Inc., 513 N.W.2d 382 (ND 1994) (mixed question; weighing of factors; right to direct/control)
- Myers-Weigel Funeral Home v. Job Ins. Div. of Job Serv. N.D., 1998 ND 87, 578 N.W.2d 125 (ND 1998) (central question: who controls the means and manner of work)
- Midwest Prop. Recovery, Inc. v. Job Serv. of N.D., 475 N.W.2d 918 (ND 1991) (labels are not determinative; focus on functional control)
- Muldoon v. N.D. Workforce Safety & Ins. Fund, 2012 ND 244, 823 N.W.2d 761 (ND 2012) (deference to ALJ findings; weighing evidence)
- Bishop v. N.D. Workforce Safety & Ins., 2012 ND 217, 823 N.W.2d 257 (ND 2012) (deference to factual findings; standard of review)