Lynda Turner v. The Harmony Center Inc. and LWCC

LYNDA TURNER NO. 2024 CW 1137

VERSUS

THE HARMONY CENTER, INC. AND MARCH 17, 2025
LWCC

In Re: The Harmony Center, Inc. and Louisiana Workers'
Compensation Corporation, applying for supervisory
writs, Office of Workers' Compensation, District 05, No.

23- 01784.

BEFORE: THERIOT, HESTER, AND EDWARDS, JJ.

WRIT DENIED.

EEN

Edwards, J., concurs. Louisiana Revised Statutes 23: 1044 sets
forth a rebuttable presumption that "[ a] person rendering service
for another in any trades, businesses, or occupations covered by
the Workers' Compensation Act] is presumed to be an employee under
the Act] ." The four primary factors considered in deciding whether
an employer/ employee relationship exists are as follows: Selection
and engagement; Payment of wages; Power of dismissal; and Power of
control. Alexander v. J. E. Hixson & Sons Funeral Home, 44 So. 2d
487, 488 ( La. App. 1st Cir. 1950). None of these factors alone is
determinative of an employer/ employee relationship, but the

totality of the circumstances must be considered, and the burden
of proof is on the party seeking to establish an employer- employee
relationship. Hillman v. Comm - Care, Inc., 2001- 1140 ( La. 1/ 15/ 02),
805 So. 2d 1157, 1162- 63. The inquiry hinges on the right to control
the work. Pitcher v. Hydro- Kem Services, Inc., 551 So. 2d 736, 738
La. App. lst Cir.), writ denied, 553 So. 2d 466 ( La. 1989). In the
case at hand, the evidence shows that the defendant, The Harmony
Center, sought out the plaintiff, Lynda Turner, for the position
and set the salary for the position. In addition, a Harmony Center
supervisor assigned cases to Ms. Turner, and Ms. Turner was

required to report comings and goings to a Harmony Center
supervisor.
This evidence supports a finding that plaintiff was an
employee.

Hester, J., dissents in part and concurs in part. I would

reverse the portion of the workers' compensation court' s September
25, 2024 judgment that granted Lynda Turner' s cross motion for
summary judgment. I
find that issues of material fact remain in
determining whether Lynda Turner was an independent contractor or
employee of The Harmony Center, which precludes the grant of

summary judgment. I concur in the denial of the writ as to
defendants' motion for summary judgment.

C-'6,URT OF APPEAL, FIRST CIRCUIT

OF COURT
FOR THE COURT