Ala-Miss Enterprises, Inc. v. Beasley, ALA-MISS

• Decision Date: 15 February 1984
• Docket Number: ALA-MISS
• Citation: 446 So.2d 644
• Parties: ENTERPRISES, INC. v. Gene BEASLEY. Civ. 3946.
• Court: Alabama Court of Civil Appeals

Page 644

446 So.2d 644

ALA-MISS ENTERPRISES, INC. v. Gene BEASLEY.

Civ. 3946.

Court of Civil Appeals of Alabama.

Feb. 15, 1984.

Augustine Meaher, III and James E. Robertson, Jr. of Lyons, Pipes & Cook, Mobile, for appellant.

Edward P. Turner, Jr. and Gordon Kevin Howell of Turner, Onderdonk & Kimbrough, Chatom, for appellee.

HOLMES, Judge.

This is a workmen's compensation case.

The trial court awarded compensation benefits to Beasley. The trial court based its decision in part on the finding that the relationship of employer/employee existed between Ala-Miss and Beasley at the time of Beasley's injury. Ala-Miss, who through able counsel has favored this court with an excellent brief, appeals and we affirm.

The dispositive issue on appeal is whether the trial court was justified in finding that certain deductions by Ala-Miss to pay workmen's compensation insurance premiums established an employer/employee relationship between Beasley and Ala-Miss for purposes of compensation coverage.

Viewing the record in light of the standard of review in workmen's compensation cases, the following is revealed. Beasley worked as a "sawman" or woodcutter on a pulpwood truck owned and operated by the Hamiltons. Mr. Hamilton had been hauling wood exclusively to Ala-Miss, except for three or four loads of hardwood, from February 1980, up until Beasley's injury in October 1980. Beasley had been working with the Hamiltons approximately three weeks when a tree fell on him and broke his leg. Beasley's injury demanded considerable medical attention, including surgery.

It is undisputed that the Hamiltons hired Beasley and that they supervised his work. Hamilton did not have a contract with Ala- Miss and Ala-Miss could accept or reject any timber tendered. However, from those loads of wood Ala-Miss did accept, it deducted from the price it paid for every cord a certain amount to pay workmen's compensation insurance premiums.

The trial court found specifically that Beasley

"[W]as supervised by the Defendants Hamilton on a daily basis; that the Defendants Hamilton regularly employed less than two persons and therefore the Defendants Hamilton were not subject to the Workmen's Compensation Law of Alabama; that the Defendant, Ala-Miss Enterprises, Inc., deducted from the amounts of money due the Hamiltons and the Plaintiff for wood delivered it certain sums of money as and for premiums for Workmen's Compensation Insurance for the Hamiltons and the Plaintiff; and that therefore the Plaintiff was the employee of the Defendant Ala-Miss Enterprises, Inc., as aforesaid, under the definition thereof as set forth in the Workmen's Compensation Laws of Alabama."

The trial court further found that Beasley was injured in the course of his employment with Ala-Miss and awarded compensation benefits.

Ala-Miss now appeals, contending the trial court erred in finding that Beasley was its employee for purposes of workmen's compensation law.

In workmen's compensation cases this court looks at the record only to determine if the finding of facts by the trial court is supported by any legal evidence and if the law has been properly applied to the facts. We will not look to the weight of the evidence. American Tennis Courts, Inc., v. Hinton, 378 So.2d 235 (Ala.Civ.App.); cert. denied, 378 So.2d 239 (Ala.1979); Craig v. Decatur Petroleum Haulers, Inc., 340 So.2d 1127 (Ala.Civ.App.1976), cert. denied, 340 So.2d 1130 (Ala.1977).

Also, in reviewing the issues on appeal, an appellate court must keep in mind the principle that the Workmen's Compensation Act should be given a liberal construction to accomplish its beneficent purposes, and all reasonable doubts must be resolved in favor of the employee. American Tennis Courts, Inc. v. Hinton, 378 So.2d 235 (Ala.Civ.App.), cert. denied, 378 So.2d 239 (Ala.1979).

Considering the facts and circumstances of this case, along with the applicable law, we cannot say the trial court erred in finding that an employer/employee relationship existed for purposes of workmen's compensation coverage.

Viewing the record with the attendant presumptions, the evidence and the reasonable inference therefrom reveals that on every load of wood Hamilton delivered to Ala-Miss, Ala-Miss deducted a certain amount per cord to pay the premiums for workmen's compensation insurance. This occurred continuously from February 1980 until three days before Beasley's accident. It can be reasonably inferred that the deductions were to provide coverage for Hamilton and his employees. The scale tickets, or receipts, given Hamilton show at the bottom in the same size print as the rest of the document that $1.50 per cord was deducted for "W-C Insurance."

Ala-Miss contends that Beasley and Hamilton were not hauling wood to Ala-Miss on the day Beasley was injured based on the fact that on the day of the accident and the two previous days the Hamilton truck delivered wood to Scott Paper Company.

Be that as it may, there is evidence that Ala-Miss had informed Hamilton that, although it would still take pine, it would not accept any more hardwood; thereafter, Hamilton delivered three loads of hardwood to Scott.

On the day of the accident the owner of the timber being cut told Hamilton that they should clear out the rest of the pine with the understanding that it would be delivered to Ala-Miss, who would accept pine. Scott would not take any pulpwood such as pine at that time....