Department of Consumer & Business Services v. Clements

Claimant filed a workers’ compensation claim after sustaining injuries while on a long-haul truck-driving trip with Marshall “Scott” Burch, a partner in Lorelei Transportation. The Workers’ Compensation Division (WCD) denied the claim after concluding that claimant was not a subject worker and that Lorelei Transportation was thus not subject to the Workers’ Compensation Law. Claimant requested a hearing. An administrative law judge (ALJ) concluded that claimant was a subject worker and entered a final order setting aside the WCD’s nonsubjectivity determination. The Department of Consumer and…