State ex rel. Friendship Supported Living, Inc. v. Ohio Bur. of Workers' Comp.

Summary

The Supreme Court of Ohio reviewed whether the Ohio Bureau of Workers’ Compensation abused its discretion by classifying Friendship Supported Living’s in-home direct-care workers as employees rather than independent contractors. The court held that the bureau’s order inadequately addressed relevant factors under the right-to-control test, including monitoring, freedom to work for others, routes traveled, and length of employment. It reversed the court of appeals and granted a limited writ directing the bureau to issue an amended, fact-specific order.

Holdings

1. The bureau abused its discretion because its order failed to sufficiently account for relevant factors bearing on the work relationship between Friendship and its direct-care workers, including the nature of monitoring, the workers' freedom to work for others, the routes traveled, and the length of employment.
2. The proper remedy was to reverse the court of appeals' judgment and grant a limited writ of mandamus ordering the bureau to issue an amended order that accounts for the relevant factors through briefly explained reasons and fact-specific statements.

Questions Presented

1. Whether the bureau abused its discretion in classifying Friendship's in-home direct-care workers as employees rather than independent contractors under Ohio's right-to-control test.
2. Whether the bureau's order adequately explained its consideration of the relevant common-law factors and was supported by some evidence in the record.
3. What remedy was appropriate when the bureau failed to sufficiently account for relevant factors in its order.

Disposition

reversed_and_remanded