JCC Finds Truck Driver Was Employee, Not Independent Contractor

In Agudelo v. Continental Anastasia Service Center 207, Inc., OJCC Case No. 26-000053TSS, the claimant sought a ruling that he was Continental's employee rather than an independent contractor after a December 2025 accident.

Judge Timothy S. Stanton granted the employee-status claim. The order found that the claimant did not satisfy four of the six statutory independent-contractor criteria because he lacked a separate business, was paid personally, had no business bank account, and Continental covered the principal work expenses.

The JCC also rejected independent-contractor status after considering the full relationship. Continental reimbursed meals, lodging, fuel, travel, tools, and truck-transport expenses, while the claimant could not meaningfully suffer a loss. Attorney fees and costs were awarded, with the amount reserved if the parties cannot agree.

Source: Compensation Order