- 9 - expected delivery time.14 The drivers carried beepers so that petitioner could remain in contact while they were on the road. Petitioner did not direct the routes drivers were to use in either picking up or delivering loads.15 If a driver chose to drive on a toll road, the driver was responsible for paying the tolls.16 After a load was delivered, the driver could immediately return to petitioner’s place of business with or without a return load.17 D. Ohio Determination of Independent Contractor Status On May 18, 1995, Richard Chatfield (Chatfield), one of petitioner’s drivers, filed a claim with the Ohio Industrial Commission (OIC) for workers’ compensation because of an injury he suffered on May 2, 1995. By order dated October 25, 1995, the Ohio Industrial Commission (OIC) disallowed Chatfield’s claim, finding he was not an employee of petitioner on the date of injury but an independent contractor who had failed to secure 14 The same information was provided to any owner-operator who was offered, and accepted, an assignment to pick up and transport a load. 15 However, the driver’s route was specified when Ohio Transport obtained a special hauling permit to carry a load that exceeded weight and/or width limitations. 16 Although the agreement stated petitioner would cover the cost of toll roads, the parties stipulated that the drivers were actually required to cover the costs of paying tolls. 17 Ordinarily, it was in petitioner’s and the driver’s best interests for the driver to request petitioner to find a return load.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007