In the case of State ex rel. Friendship Supported Living, Inc. v. Ohio Bur. of Workers’ Comp., 2021-Ohio-4490, the Tenth District Court of Appeals held that the Bureau of Workers’ Compensation (“BWC”) abused its discretion in finding that in-home direct care providers were not independent contractors for the purpose of calculating workers’ compensation premiums.
Here, a home care provider company argued that BWC should reclassify their direct care workers as independent contractors. The BWC determined that the in-home care workers were employees, not independent contractors, requiring the company to include them in calculating workers’ compensation premiums.
The Court of Appeals reasoned that the BWC abused its discretion in not classifying the in-home care workers as independent contractors because the company did not adequately exercise the right to control the manner and means by which the workers provided services, making the workers’ relationship to the company indistinguishable from an independent contractor situation. Specifically, the Court noted that the workers could choose not to work on a given day and that the workers were not supervised by other company employees.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.