Control over Illinois catering truck driver provides convincing evidence of employment relationship
The Illinois Workers' Compensation Commission reversed the arbitrator's decision and found that an employer/employee relationship existed between the claimant and defendant and that the claimant was entitled to temproary total disabillity benefits and reimbursement for medical expenses.
Case name: Diaz v. Supreme Catering Co., 17 ILWCLB 118 (Ill.W.C.Comm.2009).
On May 16, 2005, Diaz was injured while driving a catering truck for the defendant. The defendant's business included leasing, supplying and maintaining catering trucks, as well as vending machine sales and service. More than 80 people drove catering trucks for the defendant, and the defendant employed three supervisors to oversee the drivers. The defendant contended that it was not liable for benefits because Diaz worked as an independent contractor, not an employee. Relying on case law and Diaz's credible testimony, a Commission majority held that an employment relationship existed between the parties and the defendant was liable for benefits. Although the defendant paid Diaz no wages, the Commission found this fact, alone, was insufficient to negate the impact of the significant control the defendant exercised over Diaz.
The facts of the instant case are analogous to the facts in Starks v. Imperial Catering. In Starks, the Illinois Workers' Compensaiton Commission found that the defendant, a catering truck business, exercised substantial control over a mobile vendor because the defendant assigned the claimant's route, directed and scheduled his stops, and required the claimant to notify the defendant of any new customers on the route. The defendant also required the claimant to dress appropriately, obtain and display health permits, and bear the responsibility for the costs of operation. The claimant's distribtion of food products was integral to the defendant's business and the defendant furnished tools, equiment and food to the claimant.
Similarly, in this case, the defendant provided and maintained the tools, equipment and supplies necessary for Diaz to complete his work. Also, the defendant exercised significant control over the terms of Diaz's employment as well as the manner in which Diaz performed his work. Furthermore, the services rendered by Diaz were an integral part of the defendant's business.
In addition, the Illinois Workers' Compensation Commission pointed out that the truck, which was provided by the defendant, had the defendant's name on it. The defendant provided the insurance, license plates and health permits required by state law. Also, the defendant furnished ice, a necessity in a catering truck, for Diaz every morning, along with coffee, which was the best selling item on the truck. Because of the amount of training provided by the defendant, the position of catering truck driver required no special skills. Further, the training allowed the defendant to exercise control over the interaactions between Diaz and customers. The defendant retained the right to terminate the claimant if he were late, generated customer complaints, or if he failed to drive his route every day.
