Claimant filed workers' compensation claim for low back injury he allegedly sustained while working for transportation company. Claimant owned his own truck and delivered loads for employer. Claimant injured his low back in collision when he was driving his truck and a trailer belonging to employer on I-55 when he was rear-ended by 3 other vehicles. Commission properly considered all relevant facts and circumstances and found that claimant was not an employee of employer, but was independent contractor. Commission found that employer had very little right to control claimant's work, and this fact, with other factors, weighed against finding employment relationship. Although terms of "Contractor Service Agreement" expired and parties did not properly renew it, nothing changed and parties continued to act as if terms remained in effect. (HOFFMAN, HUDSON, HARRIS, and STEWART, concurring.)
Illinois Appellate Court
Civil Court
Workers' Compensation