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McKenna v. Economy Cab Co.2/28/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division pursuant to the petitioner/employee's appeal of the trial judge's denial of his original petition for workers' compensation benefits based on the finding that he was an independent contractor. After reviewing the record and the arguments of the parties, we deny the appeal and affirm the decision and decree of the trial judge.
William McKenna (hereinafter "petitioner" or "McKenna") was briefly engaged as a taxicab driver with Economy Cab Company (hereinafter "respondent" or "Economy") from March 16, 1999 to March 20, 1999. Prior to his engagement with Economy, McKenna had telephoned Economy about possible engagement as a taxi driver in response to an advertisement in the Providence Journal. On March 16, 1999, he was interviewed by Alvin G. Brewer III (hereinafter "Brewer"), the day dispatcher who was in charge of the business while its owner, John Petrarca (hereinafter "Petrarca"), was on vacation. After determining that McKenna held all the appropriate licenses and permits to drive a taxicab, Brewer engaged McKenna as a driver and discussed the hours of engagement, as well as how McKenna would be compensated. The parties, however, did not execute a lease agreement in conformance with R.I.G.L. § 39-14-9 as Brewer did not have access to the file cabinet where they were stored. Brewer subsequently testified that he was not authorized to hire drivers in the owner's absence. However, he also stated that McKenna was aware that he would have to sign a lease and would not have taxes taken out of his pay.
McKenna drove an Economy cab from 6:00 p.m. on March 16 to 6:00 a.m. on March 17. When he returned the cab, Brewer went through his log of fares and told McKenna what his share would be for the shift. McKenna worked as a laborer at the Rhode Island Convention Center from midnight that night until noon on March 18 after receiving a call from his union hall.
On March 18, 1999, Economy called McKenna and asked him to work that night. He ended up picking up a cab at 8:00 p.m. to drive that night. In the early morning hours of March 19, 1999, the cab he was driving was struck by another vehicle. He was taken to the hospital by rescue for treatment of the injuries he sustained in the collision.
William Maloney, the associate administrator for motor carriers from the Rhode Island Division of Public Utilities and Carriers, testified that there were no valid lease agreements for Economy Cab on file until June 28, 1999.
The trial judge found that McKenna was an independent contractor and not an employee of Economy. Accordingly, the judge denied and dismissed McKenna's original petition for workers' compensation benefits. In his timely appeal to this panel, McKenna contends that the trial justice erred in finding that he (McKenna) was not an employee of Economy. Specifically, McKenna argues that R.I.G.L. § 39-14-9 requires that the class of lawful taxicab operators is limited to the owner of the taxicab, employees of the owner, and state approved lessees. He, therefore, contends that since he did not enter into a lease agreement with Economy, he is, by operation of law, statutorily presumed to be Economy's employee.
Section 28-35-28(b) of the Rhode Island General Laws governs this panel's review of a decision of a trial justice of the Workers' Compensation Court. That section states, in relevant part, that:
"(b) The findings of the trial judge on factual matters shall be final unless an appellate panel finds them to be clearly erroneous."
The appellate division may only undertake a de novo review of the evidence after finding that the
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