Nelson v. Yellow Cab Co.
Decision Date | 20 May 2002 |
Docket Number | No. 25467.,25467. |
Citation | 349 S.C. 589,564 S.E.2d 110 |
Court | South Carolina Supreme Court |
Parties | Dennis NELSON, Deceased Employee, By and Through His Estate, Respondent, v. YELLOW CAB COMPANY, Employer, and Travelers Property Casualty Company, Carrier, Petitioners. |
Johnnie W. Baxley, III, of Pratt-Thomas, Epting & Walker, of Charleston, for petitioners.
Carl H. Jacobson, of Uricchio, Howe & Krell, of Charleston, for respondent.
We issued a writ of certiorari to review the Court of Appeals' opinion in Nelson v. Yellow Cab Co., 343 S.C. 102, 538 S.E.2d 276 (Ct.App.2000).
Nelson, a cab driver for Yellow Cab, was murdered while driving his cab on January 6, 1998. His estate filed for Workers' Compensation benefits. The single commissioner ruled Nelson was an independent contractor not entitled to benefits; the full commission reversed, finding Nelson was an employee. The circuit court reversed the full commission, finding him an independent contractor; the Court of Appeals reversed the circuit court, finding Nelson was an employee entitled to compensation.
As stated by the Court of Appeals, the relationship of Nelson and Yellow Cab was as follows:
ISSUE
Did the Court of Appeals err in ruling Nelson was an employee of Yellow Cab rather than an independent contractor?
DISCUSSION
Workers' compensation awards are authorized only if an employer-employee relationship exists at the time of the injury. Dawkins v. Jordan, 341 S.C. 434, 534 S.E.2d 700 (2000). Whether or not an employer-employee relationship exists is a jurisdictional question. Id.; South Carolina Workers' Compensation Comm'r v. Ray Covington Realtors, Inc., 318 S.C. 546, 459 S.E.2d 302 (1995). Where the issue involves jurisdiction, this Court can take its own view of the preponderance of the evidence. Id. It is South Carolina's policy to resolve jurisdictional doubts in favor of the inclusion of employers and employees under the Workers' Compensation Act. Id.
341 S.C. at 439, 534 S.E.2d at 703.
As noted by the Court of Appeals in this case, there is a split of authority on whether a taxi driver, who leases a taxicab under a per diem payment agreement and keeps his fares and tips as compensation, is an employee or independent contractor. The majority of cases hold that under such circumstances, the cab driver is an employee by virtue of the cab company's exercise of control. See Central Management v. Industrial Comm'n of Arizona, 162 Ariz. 187, 781 P.2d 1374 (1989)
; Yellow Cab Co. v. Workers' Comp. Appeal Board, 226 Cal.App.3d 1288, 277 Cal.Rptr. 434 (1991); Bowdoin v. Anchor Cab, 643 So.2d 42 (Fla.Dist.Ct.App.1994); Yellow Cab Co. v. Karwoski, 226 Ga.App. 63, 486 S.E.2d 39 (1997); Yellow Cab Co. v. Industrial Comm'n, 124 Ill.App.3d 644, 80 Ill.Dec. 96, 464 N.E.2d 1079 (1984); Purchase Transp. Svcs. v. Estate of Wilson, 39 S.W.3d 816 (Ky.2001); White Top and Safeway Cab Co. v. Wright, 251 Miss. 830, 171 So.2d 510 (1965); Walls v. Allen Cab Co., 903 S.W.2d 937 (Mo.App.E.D.1995); Hemmerling v. Happy Cab Co., 247 Neb. 919, 530 N.W.2d 916 (1995); Petition of City Cab of Manchester, 139 N.H. 220, 652 A.2d 1202 (1994); Naseef v. Cord, Inc., 48 N.J. 317, 225 A.2d 343 (1966); Scott v. Manzi Taxi Svcs, 179 A.D.2d 949, 579 N.Y.S.2d 225 (1992); Yellow Cab Co. v. Wills, 199 Okla. 272, 185 P.2d 689 (Ok.1947); Nesbit v. Powell, 558 S.W.2d 436 (Tenn.1977); Dep't of Labor v. Tacoma Yellow Cab Co., 31 Wash.App. 117, 639 P.2d 843 (1982); C & H Taxi Co. v. Richardson, 194 W.Va. 696, 461 S.E.2d 442 (1995).2
Several jurisdictions have held, under certain factual scenarios, that cab drivers are not employees for purposes of...
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