Penny Cab Co. v. Industrial Commission
| Citation | 326 N.E.2d 393,60 Ill.2d 217 |
| Decision Date | 24 March 1975 |
| Docket Number | No. 46440,46440 |
| Parties | PENNY CAB COMPANY, Appellant, v. The INDUSTRIAL COMMISSION et al. (Muritala Durosinmi, Appellee.) |
| Court | Supreme Court of Illinois |
Jerrold Blumoff, Chicago, for appellant.
Harry Duncan Connor, Chicago (John E. Cunningham and T. F. Sullivan, Chicago, of counsel), for appellee.
An arbitrator for the Industrial Commission found that the claimant, Muritala Durosinmi, a taxicab driver, was an employee of the respondent, Penny Cab Company, and entitled to workmen's compensation benefits for injuries suffered in an accident which occurred on December 4, 1971. The Commission affirmed the award, the circuit court confirmed, and the respondent has appealed under Rule 302(a) Ill.Rev.Stat.1973, ch. 110A, § 302(a). 50 Ill.2d R. 302(a).
Two issues are raised: the first concerns the Commission's decision that the claimant was an employee rather than an independent contractor, and the second concerns the award of 5% Permanent disability for an injury to the claimant's leg.
On December 4, 1971, while Durosinmi was transporting two women and a baby, he left his cab to look for an address. The cab started rolling backwards and he attempted to jump into it. Before he could stop his cab, it struck a parked car and he was injured. $Durosinmi began driving Penny Cab Company cabs in mid-1970 when he responded to a 'Driver Wanted' sign which he saw while walking on a south-side Chicago street. At his initial interview he was told that he was to work on the north side, downtown, and at O'Hare Field and was not to work on the south side. He agreed to pay for gas and to pay $18 per day to the Penny Cab Company for the cab. Penny Cab made an offer of proof that it did not issue a W--2 form to Durosinmi and that no withholding taxes or social security taxes were collected from him.
Durosinmi was to report to work at 5 a.m. and to return the cab at 5 p.m. He was told that the cab had to be returned on time or he would be suspended, and on one occasion he was suspended for three weeks for failure to return his cab by 5 p.m. He drove a different cab every day; all the cabs were the same color, the same make, and had the name of Penny Cab Co. printed on them. These cabs were not equipped with radios. If his cab broke down, he was instructed to call the Penny Cab garage and the company would make the necessary repairs.
The respondent contends that it was error to reject its offer to prove that no moneys were deducted from the claimant's earnings for withholding tax, and that the claimant was not given a W--2 form. We agree, and we consider the case as if those facts were proved.
The respondent also asserts that section 28--9 of the Chicago Municipal Code, which says that 'the relationship...
To continue reading
Request your trial
-
Local 777, Democratic Union Organizing Committee, Seafarers Intern. Union of North America, AFL-CIO v. N.L.R.B.
...Illinois Supreme Court, Morgan Cab Co. v. Industrial Commission, 60 Ill.2d 92, 324 N.E.2d 425 (1975) and Penny Cab Co. v. Industrial Commission, 60 Ill.2d 217, 326 N.E.2d 393 (1975) have held that section 28-12 of the Chicago Municipal Code requiring that the owner of a cab "carry public li......
-
Yellow Cab Cooperative, Inc. v. Workers' Comp. Appeals Bd.
...876-877, fn. 38, citing Morgan Cab Co. v. Industrial Commission (1975) 60 Ill.2d 92, 324 N.E.2d 425, and Penny Cab Co. v. Industrial Commission (1975) 60 Ill.2d 217, 326 N.E.2d 393.) The court was unpersuaded by those cases, in part because the NLRA required it to adhere to common-law conce......
-
Nelson v. Yellow Cab Co.
...Dist.Ct.App.1994); Globe Cab Co. v. Industrial Comm'n, 86 Ill.2d 354, 55 Ill.Dec. 928, 427 N.E.2d 48 (1981); Penny Cab Co. v. Industrial Comm'n, 60 Ill.2d 217, 326 N.E.2d 393 (1975); Yellow Cab Co. v. Industrial Comm'n, 238 Ill.App.3d 650, 179 Ill.Dec. 691, 606 N.E.2d 523 (1992); Yellow Cab......
-
De Rosa v. Albert F. Amling Co., 79-544
... ... Such factors have evidentiary value and must be considered (Clark v. Industrial Commission (1973), 54 Ill.2d 311, 297 N.E.2d 154), but they are not conclusive. (Gunterberg v. B & ... Industrial Commission (1978), 72 Ill.2d 454, 21 Ill.Dec. 370, 381 N.E.2d 697; Penny ... ...