Illinois employer avoids determination that worker is employee
Ruling: The Illinois Workers' Compensation Commission held that the claimant, a maintenance worker, failed to prove that an employer/employee relationship existed with the defendant.
Case name: Dzioban v. Joint Management Co., 19ILWCLB 89 (Ill. W.C. Comm. 2011).
Summary: Dzioban was at work on a ladder and changing a light bulb when he fell off and sustained multiple injuries. The president of the defendant company testified that she hired Dzioban as an independent contractor. He was contracted to perform cleaning, painting and maintenance of commercial residential properties. In finding Dzioban was an indepdent contractor and not an employee of the defendant, the arbitrator noted that Dzioban was paid for the time and materials needed to complete the job. He submitted what was essentially an invoice to the defendant. He was paid for what he submitted and no taxes were withheld. Also, Dzioban was not supervised while working. The vice president testifed that she only examined the work after it was complete for the purpose of determining if it was done. Also, Dzioban was not required to work specific hours or stay on the job for a specific length of time. He was directed as to the work to be performed and the location of the work. However, he was not directed how to accomplish the specific job.
Upon review, the Illinois Workers' Compensation Commission affirmed and adopted the decision of the arbitrator.
