Vaughn, Billy v. Kenneth Parsons d/b/a Performance Mechanical
2014 TN WC 17
Tenn. Ct. Work. Comp. Cl.2014Background
- Vaughn seeks temporary workers’ compensation benefits; Parsons denies employment and argues Vaughn was not his employee; expedited hearing under Tenn. Code Ann. §50-6-239 was requested by both sides.
- Parsons owned a pool-building business; Vaughn allegedly was brought to a Franklin, Tennessee jobsite by subcontractor John Rando and Parsons allegedly interacted with Vaughn on July 21, 2014.
- A $100 check was written to “Billy” in Vaughn’s favor; Vaughn claims it paid for work July 20–22, 2014, while Parsons testified it was a loan to Vaughn via Rando and not wages.
- Vaughn was x-rayed on August 7, 2014, revealing a pars defect but no fractures; Vaughn filed a PBD naming Parsons as the defendant, with dispute certification later.
- The Court found Parsons did not hire Vaughn, Vaughn failed to prove employment, and Vaughan’s motion for temporary benefits was denied; an Initial Hearing was scheduled for February 12, 2014 (teleconference).
- Judicial standard: employee must prove all elements of claim by a preponderance of the evidence; expedited-hearing standards apply; Vaughn bore the burden of proving employment and compensability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Vaughn an employee of Parsons for workers’ compensation purposes? | Vaughn contends Parsons hired him and was thus an employee. | Parsons denies hiring Vaughn and asserts Vaughn was not his employee. | Vaughn not established as Parsons’s employee. |
| Is Vaughn entitled to temporary disability/medical benefits at an expedited hearing? | Vaughn seeks temporary benefits for alleged work-related injury. | Parsons argues the claim is not compensable because Vaughn was not his employee. | Temporary benefits denied; Vaughn unlikely to prevail on merits. |
Key Cases Cited
- McCall v. Nat’l Health Care Corp., 100 S.W.3d 209 (Tenn. 2003) (burden of proof on employee; likelihood of success at merits hearing)
- Black v. Dance, 643 S.W.2d 654 (Tenn. 1982) (employee-employer relationship requires express or implied remuneration agreement)