This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on December 3, 2001, with the record closing December 5, 2001. The hearing officer resolved the disputed issue by deciding that, for workers’ compensation purposes, the respondent (claimant) was an employee of the appellant (self-insured) at the time of the claimed injury. The self-insured appealed. No response was received from the claimant.
DECISION
The hearing officer’s decision is reversed and rendered.
The hearing officer erred in determining that the claimant was an employee of the self-insured for workers’ compensation purposes. The claimant was a 30-year employee of the self-insured, with his teaching contract for the school year, under which he was paid hourly, ending in May 2001. The superintendent of the self-insured then hired the claimant to perform a construction-type project over the summer, for which the claimant would be paid “by the job.” The job and the form of payment are not in dispute. The claimant was injured while working on this project, when he fell from a scaffold, and now seeks workers’ compensation benefits.
Unfortunately, while both parties argue common-law bases for the distinction between independent contractors and employees, in this case, the claimant’s work status is governed by statute. Section 504.001(3) of the 1989 Act squarely places a school district within the definition of a political subdivision, and Section 504.001 defines an “employee” of a political subdivision as one in the “service of a political subdivision who has been employed as provided by law,” or one for whom optional coverage is provided under Section 504.012 or 504.013.[1] Section 504.014(1) says with clarity that a person “in the service of a political subdivision” and being “paid on a piecework basis or on a basis other than by the hour, day, week, month or year” is NOT an employee and “is not entitled to compensation.” Thus, given that the method of the claimant’s payment is not in dispute and that his payment was not on the basis of the hour, day, week, month or year, the claimant can not, under these circumstances, have been an employee of the self-insured at the time of the accident as a matter of law. We therefore reverse and render judgment that the claimant, for workers’ compensation purposes, was not an employee of the self-insured and order that the self-insured is not liable for benefits.
The true corporate name of the self-insured is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
SUPERINTENDENT
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Terri Kay Oliver
CONCUR:
Judy L. S. Barnes – Appeals Judge
Michael B. McShane – Appeals Judge