office-4

Hood v. Menech (alleged) Vandalia Area Historical Society (alleged)

No. 12-107135 (Mo. Lab. & Indust. Rel. Comm’n March 3, 2017)
Full Opinion: [Hood v. Menech (alleged) Vandalia Area Historical Society (alleged)
]
Code(s): C019 Employment Issue

Factual Background:

Employee worked as a carpenter for a construction job for the Vandalia Area Historical Society. Michael Menech, described as “self-employed” oversaw and controlled the employee’s day-to-day activities. He told them when to report for work, inspected their work, hired and fired, and distributed checks. All of the checks for this job were paid to employees from a pre-signed checkbook that Vandalia Area Historical Society provided to Mr. Menech. Mr. Menech then only had to fill in the employee’s name and amount owed to pay them. Neither Mr. Menech nor the Historical Society had worker’s compensation insurance at the time of the accident. The employee was injured when a piece of metal flew into his eye. 

ALJ Decision:

The ALJ determined that Mr. Menech was the employer, and the Historical Society was not. 

Analysis/Holding:

The Administrative law judge did not cite or discuss the statutory definition of “employer” as it pertains to Section 287.030 RSMo. The Commission is unclear as to whether the ALJ determined Mr. Menech to be the employer based on this statute, or based on some other theory of employment. The commission is troubled by the lack of explanation, but no parties filed an application for review on this decision. The Commission declined at this time to revisit the issue whether Mr. Menech is properly deemed the employer per Section 287.030.

The Takeaway:

Statutory Employer is defined by  Section 287.030 RSMo.

 

Having a Seminar?
Join our E-Mail List
to stay up to date with Evans & Dixon