Legal Opinion
Department of Labor & Industries v. Mitchell Brothers Truck Line, Inc.
Court of Appeals of Washington
Decided September 27, 2002No. 27503-1-IIPublishedCited by 10 opinions
1Opinion of the CourtBridgewater, J.
— We are asked to decide whether a truck driver is “operating a truck which he owns” when he leases a truck from a common carrier and must lease the truck back to the same common carrier. Br. of Appellant at 3. We hold that this kind of truck driver is an “owner” under Title 51 RCW and not a “worker” under RCW 51.08.180(1) because the driver is entitled to possess, use, and enjoy the truck under the specific terms of the lease. Thus, the common carrier need not pay industrial insurance premiums for these drivers. We affirm.
Mitchell Brothers Truck Line, Inc. (hereinafter Mitchell Bros.), is a…
2Cases cited18 opinions
- Willener v. SweetingWashington Supreme Court · 1986
- Guimont v. ClarkeWashington Supreme Court · 1993
- Hamel v. Employment Security DepartmentCourt of Appeals of Washington · 1998
- Diehl v. Mason CountyCourt of Appeals of Washington · 1999
- Jefferson County v. Seattle Yacht ClubCourt of Appeals of Washington · 1994
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sources for Sustainable Communities v. Building Industry Ass'nCourt of Appeals of Washington · 2013
- Department of Labor & Industries v. Lyons Enterprises, Inc.Court of Appeals of Washington · 2015
- R & G Probst v. Dept. of Labor & IndustriesCourt of Appeals of Washington · 2004
- R&G Probst v. Department of Labor & IndustriesCourt of Appeals of Washington · 2004
- B&R Sales, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2015
5 more not listed; retrieve them via the Exa API.