In re Worker’s Comp. Claim of Kobielusz

In 2005, Tara Kobielusz began working for Circle C Resources, which provides living assistance for persons with developmental disabilities. In 2010, Kobielusz began working for Circle C as a “host family provider.” That same year, Kobielusz fell and broke her ankle when entering Circle C’s office to pick up Kobielusz’s clients from their day habilitation program. The Workers’ Safety and Compensation Division found Kobielusz had suffered a compensable injury. Circle C requested a contested case hearing before the Office of Administrative Hearings (OAH), arguing that Kobielusz was not an employee, but rather, an independent contractor. The OAH upheld the Division’s determination. The district court affirmed. The Supreme Court affirmed, holding that Kobielusz did not qualify as an “independent contractor” under the meaning of the Worker’s Compensation Act.View "In re Worker’s Comp. Claim of Kobielusz" on Justia Law