 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Holmes v. Interiors by Canova11/7/2001
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: AFFIRMED.
Barney, C.J., and Parrish, J., concur.
Opinion:
George E. Holmes ("Holmes") appeals an order of the Labor and Industrial Relations Commission ("Commission") which denied his claim for workers' compensation benefits. Interiors by Canova hired Holmes, proprietor of a company providing "handyman-type" services, to install track lighting in its store to highlight displays of knickknacks Interiors by Canova sold. Holmes was standing on a ladder installing the lighting when he touched a hot conduit and received an electric shock, causing him to fall off the ladder, hit his head, and lose consciousness.
Seeking compensation for his resulting injuries, Holmes filed a claim for workers' compensation benefits, asserting that Interiors by Canova was his statutory employer. The administrative law judge for the Division of Worker's Compensation found that Holmes was not the statutory employee of Interiors by Canova and thus not entitled to workers' compensation benefits. The Commission, upon review, upheld that determination. Finding that Interiors by Canova was not Holmes' statutory employer, we affirm the order of the Commission.
Facts
Appellant George E. Holmes, during the years 1993 to 1994, owned and operated George's Maintenance Company ("GMC"), an independent contracting company that provides "handyman-type" services. GMC was formed as a corporation. In addition to Holmes, it had three employees. The employees all were paid their wages by GMC, not the persons or businesses whom GMC served. GMC deducted Social Security and other required withholdings from the employees' paychecks. In addition, the company carried workers' compensation insurance for each of the employees except for Holmes. Holmes, as owner of GMC, opted not to cover himself under the company's workers' compensation coverage.
The accident in question occurred in August, 1994. Dennis Canova ("Canova"), owner of Interiors by Canova, had entered into an oral contract with Holmes for GMC to install track lighting in a new store he was opening at Battlefield Mall in Springfield, Missouri. Interiors by Canova sold decorative accessories for the home. Canova wanted the track lighting installed to highlight glass shelves on which he planned to display knickknacks.
Canova had previously secured the services of GMC to perform some work at his home and to install ceiling tile for his store in Fayetteville, Arkansas. On August 5, 1994, Holmes and another employee were installing the lighting at the Battlefield Mall store, when Holmes touched a hot conduit, received an electric shock, fell off the ladder he was standing on, and was knocked unconscious. Holmes suffered from a head injury, neck pain, a hearing loss, tinnitus, a concussion, and post-traumatic seizures. His medical expenses totaled $3,958.61. In addition, Holmes missed approximately one month of work.
After his accident, Holmes had another employee of GMC finish the installation of lighting at Canova's store. Interiors by Canova paid GMC $1,105.39 for the labor GMC provided.
Holmes filed a claim for compensation with the Division of Workers' Compensation ("Division") on March 13, 1995. He originally listed GMC as his employer, but in an amended claim he stated that Interiors by Canova was his employer. Holmes asserted at hearing that Interiors by Canova was his statutory employer, under section 287.040.1, RSMo 1994.
The Division denied his claim for compensation, finding that Interiors by Canova was not Holmes' statutory employer. Relying on the interpretation of s
Page 1 2 3 4 5 Missouri Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|