Steel & Machinery Transportation, Inc. v. Illinois Workers Compensation Commisssion

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2015 IL App (1st) 133985WC
Decision Date: 
Friday, May 1, 2015
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Affirmed.
Justice: 
HUDSON
Illinois Workers' Compensation Commission properly awarded benefits to claimant, an over-the-road truck driver who owns a tractor-trailer, and in finding that an employer-employee relationship existed. Claimant was in accident in Illinois while transporting load of machinery and metal products, having been dispatched by Respondent to transport shipment from Indiana to Wisconsin.Claimant's ownership of tractor-trailer was in name only, and control Respondent had over equipment is indicative of an employment relationship. "Independent Contractor Agreement" signed by parties indicated that Claimant's ability to haul for another carrier was subject to many conditions; Claimant hauled exclusively for Respondent from hire date to accident date; and Respondent had sole discretion to interchange equipment Respondent leased from Claimant to other authorized carriers. (HOFFMAN, HARRIS, and STEWART, concurring.)