Peno Trucking, Incorporated - Page 9




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          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.                                                                       





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