WORKERS COMP: Injured claimant found to be employee and not independent contractor and thus could make workers compensation claim: PIKE COUNTY BOARD OF EDUCATION V. MILLS (COA 8/1/2008)

PIKE COUNTY BOARD OF EDUCATION V. MILLS
WORKERS COMP: Employment relationship
2008-CA-000149
PUBLISHED: AFFIRMING
PANEL: THOMPSON PRESIDING; KELLER , GRAVES CONCUR
WCB
DATE RENDERED: 8/1/2008

Mills was hired on a contract basis to direct the color guard at Shelby Valley High School, however, he was hired by the band director and never by the superintendent of the Board of Education.  He was injured on the job, and the Board of Education argued that he was not an employee, but a contractor.  The ALJ found that he was an employee, this covered by the workers’ compensation act, and the Court of Appeals affirmed, citing the broad wording of KRS 342.640(3)which covers every person in the service of the school district under any contract of hire, express or implied, wihout limiting its scope to those properly hired under the school reform act.

Digested by Peter Naake