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.