The Illinois Appellate Court recently ruled that a carrier’s control over an owner-operator made him an employee for state workers’ compensation purposes.

William Ware was delivering a load of methanol for Superior Carriers when he was severely injured. At the time of the accident he was operating under a lease agreement with Superior.
Ware sought workers’ compensation from Superior and was awarded benefits by an arbitrator. The state Industrial Commission subsequently reversed that ruling, finding instead that Ware was an independent contractor. That decision was upheld by a lower court.
However, the Appellate Court ruled that Ware was an employee, citing the control Superior had over Ware’s activities. More specifically, the court noted that Superior would not allow Ware to carry passengers in his truck, required him to inspect his assigned tanker before a trip, told him what kind of fuel to buy, where to park, and how to inspect and maintain the equipment. He was also required to attend safety meetings, wear a uniform, shave, and display the Shell logo on his tractor while working in a fleet dedicated to service Shell. When not servicing Shell he was required to display Superior’s logo on his tractor.
The court also noted that Ware worked exclusively for Superior, served customers designated by Superior, and was paid a percent of what Superior received from those customers. It said similar facts in numerous other cases have led to the same conclusion.