Tipper v. Great Lakes Chemical Co.
Decision Date | 25 July 1973 |
Docket Number | No. 43458,43458 |
Citation | 281 So.2d 10 |
Parties | Louis TIPPER, Sr., Petitioner, v. GREAT LAKES CHEMICAL COMPANY et al., Respondents. |
Court | Florida Supreme Court |
Steve M. Watkins, of Watkins & Hill, Tallahassee, for petitioner.
Donald O. Hartwell of Hartwell & Hall, and W. K. Whitfield, Tallahassee, for respondents.
We have for review by petition for writ of certiorari, a decision of the Industrial Relations Commission which reversed a decision of the Judge of Industrial Claims. We have jurisdiction pursuant to Florida Constitution, Article V, Section 3(b)(3) (1973), F.S.A.
On Sunday, August 8, 1971, a tractor-trailer owned by the employer, respondent herein, and enroute from El Dorado, Arkansas, was involved in a traffic accident in Gadsden County outside of the city limits of Quincy, Florida. The truck was loaded with cylinders of methyl bromide gas, which were damaged as a result of the collision. Deadly gas began escaping from the cylinders immediately following impact.
Sergeant Cecil E. Ellis of the Department of Public Safety of Quincy, Florida, received notification of the accident and he, in turn, notified the office of the Sheriff of Gadsden County and Chief of Police of Quincy, R. D. Edwards. Chief Edwards instructed Sergeant Ellis to contact the claimant, petitioner herein, because of his expertise in the handling of deadly gases as part of his regular employment with Southern Chemical Sales and Service, Inc., of Quincy, Florida (hereinafter 'Southern Chemical'). Louis Tipper, Sr., the petitioner, responded immediately to Sergeant Ellis' call for aid and, after obtaining gas masks, proceeded from his home to the scene of the accident.
Upon arriving at the scene, the claimant found approximately twenty cylinders of methyl bromide scattered over the highway. Some of the tanks were ruptured, posing a threat to the safety of onlookers, who were gathering in the vicinity of the escaping gas. Traffic was backed up for a distance of approximately two miles. Tipper worked in and around the toxic gas for some five or six hours, offering advice and rendering assistance during the clean-up operation. He was finally able to return home at around 1:15 A.M. the following morning, and he then noticed he had chemical burns on his feet.
On Monday morning, August 9, claimant reported to work at his regular employment with Southern Chemical and met Mr. Joe Ford, employed as a safety man with respondent, Great Lakes Chemical Company (hereafter 'Great Lakes'). Mr. Ford expressed concern over Tipper's exposure to the toxic gas and suggested that he 'see a doctor.' Mr. Tipper visited Tallahassee Memorial Hospital, where he was hospitalized for over three weeks and temporarily totally disabled until December 13, 1971.
A claim for workmen's compensation was originally filed by the claimant against Great Lakes, and the Sheriff's Department of Gadsden County, Florida. The Sheriff's Department was dismissed as a party in this cause after the evidence failed to connect the Sheriff's Department with the claimant's work activities. Evidence introduced at the hearings held on November 29, 1971, February 4, 1972, and February 23, 1972, was directed in large part at the issue of whether the claimant was an employee of respondent at the time of the accident. The Judge of Industrial Claims, after reviewing the facts as outlined above, stated the issue and the reason for his conclusions as follows:
'I base my conclusions on several grounds: (1) As a police officer, in a public emergency, he had the authority to engage the claimant on behalf of the employer; (2) from the facts, an implied contract of employment was established, which was confirmed the following morning when Mr. Joe Ford of Great Lakes Chemical Company was advised of services rendered by the claimant and told Mr. Tipper to see a doctor; (3) the services rendered by the claimant were beneficial to the employer and advanced his interests.'
The Industrial Relations Commission, upon application for review of the Judge of Industrial Claims' order allowing compensation, reversed that decision and dismissed petitioner's cause. In a lengthy opinion, the Commission conceded that an implied contract of employment was a 'possibility' under certain circumstances, but that the events of August 8, 1971, involving the claimant, would not support such a conclusion as a matter of law. The Commission stated:
Additionally, the Commission stated that even if there were an implied contract of hire, there was no finding that the claimant was an 'employee' as distinguished from an 'independent contractor.' In support of that argument, the Commission observed that the claimant brought his own materials to the scene of the accident and took no orders from any of respondent's supervisors, who never had the opportunity to know of the claimant's presence at the scene. For these reasons, the Commission ruled that the Judge of Industrial Claims erred as a matter of law in finding the existence of an employment relationship, and accordingly denied petitioner workmen's compensation benefits.
The basic issue in petitioner's cause, which he now asks this appellate body to review and decide, is: Whether the service performed by the claimant for the respondent amounted to an implied contract of employment within the contemplation of, F.S., § 440.02(2), F.S.A.
F.S., Section 440.02(2)(a), F.S.A. provides:
"Employee' means every person engaged in any employment under Any appointment or contract of hire or apprenticeship, Express or implied, oral or written, including...
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