Thompson v. Southwestern Freight Carriers

An owner/lessor of a truck leased to an Interstate Commerce Commission (I.C.C.) licensee for use under that license in interstate commerce is an employer of any third party driver of the truck due to actual control over that driver. In most instances today, the owner/lessor also drives his truck. As between these parties, the owner/operator/lessor of the truck is an independent contractor in contractual dealings with the I.C.C. licensee/lessee concerning matters other than driving — and thus their contract can require the driver/lessor to purchase his own workers' compensation coverage…