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Averitt Express, Inc. v. Collins

Citations: 172 So. 3d 1252; 2015 Miss. App. LEXIS 384; 2015 WL 4487806Docket: No. 2014-WC-00936-COA

Court: Court of Appeals of Mississippi; July 21, 2015; Mississippi; State Appellate Court

Narrative Opinion Summary

This case involves a dispute over workers' compensation eligibility following an injury sustained by an applicant during a pre-employment test. The applicant, seeking a truck driver position with Averitt Express Inc., injured his knee and subsequently claimed workers' compensation benefits. Averitt contested the claim, arguing that no employer-employee relationship existed at the time of injury. The administrative judge, along with the full Mississippi Workers’ Compensation Commission, found in favor of the applicant, ruling that an implied contract of hire existed, thus entitling him to benefits. On appeal, the court examined whether substantial evidence supported the Commission's decision and if legal standards were adhered to. The court found that mutual consent, consideration, and control were present, forming an implied employment relationship under Mississippi law. The appellate court affirmed the Commission's decision, holding that the applicant was an employee at the time of injury, thereby eligible for workers' compensation. All appeal costs were assigned to Averitt, solidifying the applicant's entitlement to benefits under the implied contract of hire.

Legal Issues Addressed

Consideration in Employment Contracts

Application: The court concluded that Collins received consideration through compensation for orientation participation, travel expenses, and hotel accommodations, supporting the existence of an employment relationship.

Reasoning: Collins, although not formally on Averitt's payroll, received compensation for attending an orientation, including travel expenses and hotel accommodations.

Definition and Elements of an Implied Contract of Hire

Application: The court determined that an implied contract of hire was formed through mutual consent, consideration, and right of control, as Averitt's actions demonstrated an intent to hire Collins.

Reasoning: The essential elements of a contract for hire include mutual consent, consideration, and right of control, though these elements are flexible in workers’ compensation scenarios.

Mutual Consent in Employment Contracts

Application: The court found that mutual consent existed due to Averitt's welcoming language and contingencies for passing a road test, indicating a genuine intention to hire.

Reasoning: Averitt contended that mutual consent was absent, arguing that the hiring process was merely an interview opportunity. However, the welcoming language in Averitt's letter and the contingency on passing a road test indicated a genuine intention to hire Collins.

Right of Control in Determining Employment Relationship

Application: The court determined that Averitt exercised control over Collins during the road test, further establishing the existence of an employer-employee relationship.

Reasoning: The evidence showed that Averitt exercised control during the road test, providing instructions and retaining the right to dismiss him based on performance.

Workers' Compensation Eligibility under Implied Contract of Hire

Application: The court found that Collins was entitled to workers' compensation benefits because an implied contract of hire existed between him and Averitt, classifying him as an employee at the time of injury.

Reasoning: The appellate court upheld the Commission’s decision, finding no errors in the previous rulings.