Bowdoin v. Anchor Cab, 93-754
| Decision Date | 22 September 1994 |
| Docket Number | No. 93-754,93-754 |
| Citation | 643 So.2d 42 |
| Parties | 19 Fla. L. Weekly D2038 Jon M. BOWDOIN, Appellant, v. ANCHOR CAB, Appellee. |
| Court | Florida District Court of Appeals |
James A. Sheehan, St. Petersburg, for appellant.
Jeffrey W. Hensley of Thompson & Hensley, P.A., St. Petersburg, for appellee.
In this workers' compensation case, claimant Jon M. Bowdoin appeals the order of the judge of compensation claims (JCC) denying his claim for benefits on the ground that claimant was an independent contractor. We reverse and remand. 1
Claimant worked as a driver of an Anchor Cab from October 4, 1990, through October 14, 1990, when he was struck by a passenger, suffering injuries to the face, neck and right leg. Appellee Anchor Cab denied the claim for benefits on the ground that claimant was an independent contractor. The following facts were adduced at the hearing on the claim. Mr. Del Pino was the owner of Anchor Cab, but owned only one taxi cab. The remainder of his fleet of approximately twelve cabs was owned by Mr. Eberle. Eberle leased the vehicles to drivers such as claimant for a flat daily rate of $47.00 or $25.00 on Sunday. Del Pino was responsible for equipping the vehicles with a radio, meter and provided liability insurance. In return, Eberle paid Del Pino $195.00 per week per car for "stand dues." It was Del Pino who established the daily rate that drivers would pay Eberle for leasing the cabs. The drivers would pay the leasing fee to Eberle or the Anchor Cab dispatcher.
Each of the taxi cabs bore the name of "Anchor Cab" on its sides. Of extreme significance was Del Pino's testimony that there were no governmental regulations in New Port Richey pertaining to or controlling the daily operation of taxi cabs. The only requirements were that one entering the taxi business must obtain a business license and drivers must have a commercial driver's license. Del Pino acknowledged that he established the fares to be charged. Each driver, however, was permitted to charge less than the meter rate if he or she wished. Del Pino's principal contention at the hearing and on appeal was that he was in the business of leasing vehicles rather than operating a cab company. Anchor Cab had no rules governing the conduct of drivers except that they should be neat and clean. Del Pino determined the location of each taxi stand. Drivers could refuse to pick up fares without fear of reprimand. As long as the driver paid the daily leasing fee, Del Pino was satisfied. Drivers could be terminated without notice and were not permitted to moonlight for other companies and not permitted to use the dispatch system of other companies to obtain fares. Drivers were required to maintain a "trip sheet" documenting where they picked up and dropped off each customer, but Del Pino testified that this was required by either the Department of Transportation or the New Port Richey Sheriff's Office.
Del Pino's radio dispatcher, Arthur Lee Lewis, confirmed that each driver could refuse to pick up a fare. Lewis added that he would ask why the driver refused the fare so he would know not to refer a particular customer to that driver in the future. Describing the operation of the company, Lewis stated that a driver would pick up fares, collect money and keep whatever money remained after payment of the leasing fee and the cost of gasoline. Lewis also confirmed that drivers could charge less but not more than the established meter rate.
Claimant's testimony was largely consistent with that of Del Pino with the following exceptions. Claimant stated that he was assigned to work the day shift because Del Pino didn't need him to work the night shift. Claimant contended that Anchor Cab had a...
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