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Nickels v. Napolilli8/17/2001
from contracting for the completion of a particular job.[ ]
The trial court made the following findings relevant to whether Nickels was the Napolillis' employee:
(a) Noel and Nancy Napolilli exercised control and direction over the manner and means that [Nickels] performed work by their verbal and written instructions, (b) [Nickels] could have terminated her work status, (c) there was extensive supervision by Noel Napolilli, (d) the Napolillis provided tools and equipment of substantial value for uth Nickels to accomplish farm work, (e) the work "payment" was based on 80 hours per month, with records documenting work time, and (f) the contract was initially written and subsequently oral.
Ample evidence supports these factual findings, and they are not clearly erroneous.
The Napolillis suggest that the relationship of Nickels's work to the Napolillis' business weighs in favor of not considering Nickels an employee. They urge us to consider that because the farm was a lifestyle choice and not a primary income source, it ought not bear the costs of injuries incurred in furtherance of the Napolillis' and Nickels's farming activities. We have recognized Professor Larson's distinction between consumptive activities which should not bear the burden of workers' compensation insurance, and productive business activities, which should. A homeowner who hires someone to perform an odd job for his own benefit is not appropriately considered an employer under the workers' compensation statute. A business, unlike a homeowner, can pass the cost of workers' compensation insurance on to the consumers of the business's service or product. The superior court found that " he 'business' of Isabella Creek Farm was not the primary source of income for the Napolillis[;] however, the work that Ruth Nickels performed was a regular part of the regular work of Isabella Creek Farm business." Because Nickels's work for Isabella Creek Farm and the Napolillis furthered the business, it is therefore within the scope of the workers' compensation system.
2. The work performed by Nickels is not otherwise exempt from the workers' compensation statute.
The Alaska Workers' Compensation Act exempts several categories of workers from its scope. The workers' compensation statute does not cover "harvest help and similar part-time or transient help." The evidence in the record does not support the Napolillis' assertion that Nickels was harvest help. Nickels worked year-round performing a variety of tasks and was not hired seasonally to assist with specific, discrete tasks. While many states exempt farm workers from workers' compensation statutes, the Alaska legislature has not chosen to do so. Therefore, the Napolillis' attempt to equate all farm labor with "harvest help" goes against legislative intent and is not supportable under the law. Similarly, evidence of Nickels's regular and continuous work for the Napolillis indicates that she was not part-time help exempt from the workers' compensation laws.
Finally, the Napolillis suggest that homesteaders with small family farms are exempted from the Alaska Workers' Compensation Act under AS 23.30.230(b). That section states: "The exclusion of certain persons under (a) of this section may not be construed to require inclusion of other persons as employees for purposes of compensation under this chapter." The Napolillis cite no persuasive authority for their argument that this section expands the specifically delineated exceptions. As Nickels points out, "Alaska's statutory workers' compensation scheme unambiguously appoints the legislature, not the courts, with the duty of defining exempt categories of employees,"
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