WORKERS' COMPENSATION - JENKINS V. AMERICAN TRANSPORT, INC.
Jenkins v. American Transport, Inc., [Ms. 2140153, Oct. 16, 2015] So.3d (Ala. Civ. App. 2015). This is a good case to cite either in workers’ compensation or in a negligence action if a trucking company asserts that a driver was not its employee but only an independent contractor. Jenkins, a truck driver, sued ATI seeking workers’ compensation benefits for injuries he sustained while unloading his truck. ATI argued that he was an independent contractor. The trial court entered summary judgment for ATI; the Court of Civil Appeals reverses. Using a four-factor test for employment under the reserved-right-of-control test, the Court of Civil Appeals finds substantial evidence that he was an employee.
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