Purchase Transportation Services, d/b/a Radio Cab Company v. Estate of Sharon Wilson

Summary

The Supreme Court of Kentucky considered whether a deceased taxi driver was an employee or an independent contractor for purposes of workers' compensation coverage. Applying the nine-factor test from Ratliff v. Redmon, the court held that substantial evidence supported the finding that Radio Cab controlled the driver's work and that she was an employee. The court affirmed the Court of Appeals.

Holdings

1. An ALJ's factual findings may be disturbed on appeal only when they are so unreasonable under the evidence that a contrary finding is compelled; courts have greater latitude when reviewing questions of law or mixed questions of fact and law.
2. The ALJ properly determined that Wilson was an employee rather than an independent contractor for purposes of Chapter 342.

Questions Presented

1. Whether substantial evidence supported the determination that Sharon Wilson was an employee rather than an independent contractor for purposes of workers' compensation coverage.
2. Whether the ALJ properly weighed the nine Ratliff v. Redmon factors, including the parties' stated intent and the employer's control over the details of the work.
3. What standard of review applies to the ALJ's factual findings and legal conclusion concerning employee status.

Disposition

affirmed