An employee who fell off a ladder at a work site in Arizona was determined not to be eligible for workers’ compensation benefits because he set his own hours and method of work.

Miguel Espitia fell on July 2016 and injured his knee. He listed USW/CAT Construction and Restoration Experts Catastrophe Team Inc. as his employer. His claim for benefits was originally denied by Arizona’s Special Fund Division, No Insurance Section but then later was accepted. USW filed a request for a hearing, alleging that they were not his employer at the time of the accident.

Mr. Espitia testified in front of the Industrial Commission of Arizona. He claimed he had worked for USW since 2015 and the person who had given him work was a “self-employed contractor”. When he started with USW he was paid in cash but eventually began receiving checks as payment, though USW did not deduct taxes from his checks so he paid taxes on his wages. He had filled out a W-9 form in May of 2017 indicated he was an “individual/sole proprietor” but told the commission he did not remember checking that box.

He would tell the person who hired him when he was going to take vacation days though he did not receive vacation pay, sick pay, health insurance or other benefits.

Based on his testimony the commission determined he was not an employee. An administrative law judge then concluded that at the time of the accident USW was not his direct or statutory employer. This was affirmed by the appeals court, who said that there was no evidence showing that USW or the person who hired Espitia controlled his schedule or his method of work. They did not have the right to control his work and he was not a direct employee, so he was not eligible for compensation.

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