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Temple v. Huey Wilson Trucking Co.3/3/1999
TEMPLE v. HUEY WILSON TR., 98-1342 (La.App. 3 Cir. 3/3/99); ___ So.2d ___
Dannie Temple, a truck driver working in the logging industry, filed this suit for worker's compensation benefits against Huey Wilson Trucking Company, Inc. and Load Right Timber Sales, Inc. for injuries resulting from an accident which occurred on March 30, 1994. The workers' compensation Judge found the defendants liable for benefits in solido and rendered judgment accordingly.
In this appeal, Wilson Trucking and Load Right dispute Temple's employment status and urge this court to reverse the workers' compensation Judge's finding that they are the joint employers of the plaintiff. Wilson Trucking argues that Load Right and/or third party defendant, Thunderbolt Tie and Lumber Co., Inc., are the employers of Temple and should be solely responsible for workers' compensation benefits. Load Right contends that it is merely the statutory employer of Temple, and as such, is entitled to indemnity and contribution from the direct employer, Wilson Trucking. No formal pleading seeking indemnity and contribution has been filed at this time Thunderbolt argues that the workers' compensation Judge was correct in finding that it is not an employer of Temple.
Temple received benefits from 1994 to 1997 from Wilson's insurer, and from 1997 through the date of trial from Load Right's insurer, but sought herein authorization for a discogram, payment of certain medical bills, and penalties and attorney's fees for the untimely payment of benefits. The trial court denied these claims, and Temple has not appealed; therefore, these issues are not before us and will not be addressed.
The issues which we are called upon to resolve herein are whether Temple made false statements and misrepresentations in violation of La.R.S. 23:1208 and whether Temple was employed by Load Right, Wilson Trucking, or Thunderbolt. In order to resolve these matters, we quote extensively from the reasons for judgment prepared by the workers' compensation Judge, beginning with her description of the factual background of this logging operation:
"Mr. Temple, a Louisiana resident, was a driver or hauler of timber. He was a sole proprietor temporarily working in Texas at the time of his accident. Wilson Trucking is a small company owned by Huey Wilson that had approximately four employees, including Mr. Wilson, working on this same set or area of land, cutting and hauling wood. Mr. McCleod was a part owner and manager of several companies, including Load Right and Thunderbolt. Load Right had organized, set up, and supervised this set or area of wood, along with several other areas in Texas. Thunderbolt operated a wood mill in Texas.
Mr. Temple testified that on the day of his accident he was in Texas hauling logs for Huey Wilson and Load Right. He was paid by checks from Thunderbolt and received Form 1099s for income tax purposes in 1991 and 1994 reflecting that Thunderbolt (but not Wilson or Load Right) had paid him wages. Mr. Temple stated that he lined up this job by telephone conversation with Mr. McCleod. They spoke regarding work that Mr. McCleod had available in Texas, and Mr. McCleod acknowledged that he had a job that would probably be short.
There was no written contract, and no specific wages were discussed. Mr. Temple drove his own truck to Texas and used a trailer owned by Mr. McCleod. On the job in Texas he drove trucks owned by Wilson, [as well as his own truck] and he hauled logs for cutters and contractors other than Wilson. Each morning, he and other contractors would show up at the site and get work assigned to them by Load Right's foreman. Mr. Temple would go to the directed set, hav
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