Legal Opinion

Merick Trucking, Inc. v. Missouri Department of Labor & Industrial Relations, Division of Employment Security

Missouri Court of Appeals

Decided November 26, 1996No. WD 52376PublishedCited by 4 opinions

1Opinion of the Court

SMART, Judge.

This case involves an appeal from the Labor and Industrial Relations Commission (“Commission”) affirming a ruling of the Appeals Tribunal holding that truck drivers *940working for Merick Trucking, Inc. (“Merick”) are employees and not independent contractors under the Missouri Employment Security Law. Merick contends that the drivers are independent contractors. Because there was competent and substantial evidence from which the Commission could determine that Merick had the right of control as to the truck drivers’ performance of their services, and because the evidence did not…

2Cases cited5 opinions

  1. Davis v. Research Medical CenterMissouri Court of Appeals · 1995
  2. Nettie's Flower Garden, Inc. v. Sis, Inc.Missouri Court of Appeals · 1993
  3. Division of Employment Security v. Labor & Industrial Relations CommissionMissouri Court of Appeals · 1981
  4. Division of Employment Security v. HatfieldMissouri Court of Appeals · 1992
  5. Merick Trucking, Inc. v. Missouri Division of Employment Security, Labor & Industrial Relations CommissionMissouri Court of Appeals · 1995

3Cited by4 opinions

  1. PharmFlex, Inc. v. Division of Employment SecurityMissouri Court of Appeals · 1998
  2. American Family Insurance Co. v. HildenMissouri Court of Appeals · 1996
  3. Nell v. Fern-Thatcher Co.Missouri Court of Appeals · 1997
  4. PharmFlex, Inc. v. Division of Employment SecurityMissouri Court of Appeals · 1998

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