Gaston v. J.H. Ware Trucking Inc.

LOWENSTEIN, Chief Judge.

James Gaston, Jr. appeals the denial of workers’ compensation benefits for an injury he suffered. The basic issue before the administrative law judge and this court, is the employment status of Gaston, an over-the-road truck driver who owns his truck, works under a contract which describes him as an independent contractor, hires drivers J.H. Ware Trucking, Inc. (Ware) approves and hauls loads for Ware only. Gaston argued he enjoyed the status of a covered employee of the respondent, Ware. Ware officials contended Gaston worked for them as an independent contractor at…