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An Ohio court affirmed a finding that a logger was an independent contractor and not an employee, where evidence indicated the logger was hired at a rate of $80 per day, the logger had represented that he had extensive experience in logging, the logger was told that he would be responsible for his own taxes and, if he got hurt on the job, the injury would be his own responsibility, the purported employer did not supervise the logger, and the logger was paid directly by the sawmill and not the owner of the property. The evidence further suggested that the owner and her representative lacked control over the specific details of the logger’s work; how the logger performed his work was left to his judgment.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Green v. Administrator, Ohio Bureau of Workers' Comp., 2018-Ohio-2618, 2018 Ohio App. LEXIS 2827 (June 26, 2018)
See generally Larson’s Workers’ Compensation Law, § 62.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law