EXCLUDED EMPLOYMENT, Control, Covered employment, Independent contractor, Truck owner-operator
CITE AS: Edward C. Levy Co. v ESC, No. 78-1550 (Mich App January 22, 1979)
Appeal pending: No
Claimant: Willie Dubose
Employer: Edward C. Levy Co.
Docket No: B75 12933 52171
COURT OF APPEALS HOLDING: Where a truck owner-operator works almost exclusively for one company the claimant is an employee, even where the claimant considered himself or herself an independent contractor.
FACTS: The claimant, a truck owner-operator, considered himself an independent contractor. He worked for the Edward C. Levy Co. from 1962 to 1974. The claimant only performed services for other companies when Levy had no work for him.
DECISION: The claimant was an employee, and not an independent contractor.
RATIONALE: "There is little doubt that Mr. Dubose considered himself an independent contractor. However, his belief as to his status is not determinative. The Michigan Employment Security Act defines an employee, in part, as:
' ... [A]n individual who by lease, contract, or arrangement places at the disposal of a person, firm, or corporation a piece of motor vehicle equipment and under a contract of hire, which provides for the individual's control and direction, is engaged by the person, firm, or corporation to operate the motor vehicle equipment shall be deemed to be employment subject to this Act.' MCL 421.42; MSA 17.545. Mr. Dubose certainly placed his trucks at plaintiff's disposal and then operated them under the direction and control of plaintiff. It is true that plaintiff did not exercise direct day-to-day control over Mr. Dubose's operation, but it did control the overall direction of Mr. Dubose's employment situation."