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Slaughter v. Klink8/18/2000
trols. For this reason, "rebuttable presumptions," which may or may not arise under the common law, have no bearing.
Based on the preceding discussion, we find that the trial court properly used the statutory test in amended R.C. 4123.01(A)(1)(c) instead of the pre-existing common law standard. Further, the trial court correctly found that Klink was immune from suit, as Klink met at least the minimum criteria required for employee status under R.C. 4123.01(A)(1)(c). Accordingly, the first assignment of error is overruled.
II.
As we mentioned earlier, the second assignment of error is based on application of the common law, or "right to control" test. In this regard, Slauter claims that issues of material fact exist when the common law test is applied. Since we have rejected use of the common law test, the second assignment of error is without merit and is also overruled.
In light of the preceding discussion, both assignments of error are overruled and the judgment of the trial court is affirmed.
FAIN, J., and KERNS, J., concur.
Honorable Joseph D. Kerns, Retired from the Court of Appeals, Second Appellate District Sitting By Assignment of the Chief Justice of the Supreme Court of Ohio.
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