Brown v. Dixie Contracting Company

Court of Civil Appeals of Alabama

Mobile County | 150 So. 3d 200 | March 14, 2014


Alabama Court Reviews Employer-Employee vs Independent Contractor Determination in Workers’ Compensation Claim Case

Michael Brown sued Dixie Contracting Company and Salter's Exterminating Company, alleging that he got injured in an automobile accident while employed with them, thus demanding workers’ compensation benefits. The companies argued against Brown's claim of being an “employee,” instead stating that he was an independent contractor and therefore not entitled to such benefits.

The Court of Civil Appeals of Alabama, after extensive review of the trials and evidence provided, affirmed that Brown had not worked for Dixie at the time of the accident but reversed the decision for Salter’s, stating that he was not an independent contractor as decided. The evidence presented undermined the argument of Salter’s that Brown was paid on a commission basis, and other aspects of his work were found to be controlled by Salter's. The case was remanded for further proceedings respecting the decision that Brown was not an independent contractor of Salter’s.

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