 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Loyevski v. Yevzelman8/22/2000
This appeal is from a judgment and order denying appellant's posttrial motion to dismiss for lack of subject-matter jurisdiction. Appellant argues that the employer-furnished-transportation provision of the Workers' Compensation Act applies to this case and, therefore, the district court lacked subject-matter jurisdiction. We affirm.
FACTS
Respondents were all employed by appellant Miracle Cleaning Company. On October 2, 1997, respondent Vladmir Yevzelman was driving himself and four co-workers, the other four respondents, from a job site in Belle Plaine to his home in Eden Prairie when he lost control of his car and had a rollover accident.
Appellant's owner, Layzer Berkovith, obtained a contract with Young America in Belle Plaine to supply laborers to pack clothing into boxes. Young America paid Berkovith $9.75 per hour for each laborer, and Berkovith paid his laborers $6.00 per hour. Berkovith had hired all of the respondents to work on the Belle Plaine job , and they had been working for appellant for only a few days before the accident.
Respondent Rada Babushkina is a Russian refugee who had arrived in the United States only nine days before the accident. She obtained the job with appellant through her aunt, who informed her "that there was a job available" and "that they would be transporting ." Babushkina did not own a car and did not have a Minnesota driver's license. A roommate gave her a ride to Yevzelman's apartment, and Yevzelman drove her to the job site in Belle Plaine.
Respondent Semen Loyevski testified that Berkovith hired him to work on the Belle Plaine job and said that the job would last from three to six months.
Loyevski had his own car but testified that when he expressed concern about finding the Belle Plaine job site, Berkovith said he did not have to worry about that because he was paying Yevzelman to provide transportation to the job site.
Respondent Vladimir Kramarenko arrived in the United States eight days before the accident. He obtained the job with appellant through Loyevski.
Kramarenko did not have a driver's license or a car. Loyevski agreed to drive Kramarenko to Yevzelman's apartment and told Kramarenko that Yevzelman would transport everyone from his apartment to the job site.
Respondent Anatoliy Komm obtained the job with appellant through Yevzelman.
Komm had a driver's license but no automobile. Komm testified that Yevzelman said that the job would last two to three months and that he was being paid money in addition to what he earned as a laborer to provide transportation to the job site. When asked whether Yevzelman had agreed to provide transportation for the duration of the job, Komm testified:
Well, we had been discussing that, and he mentioned that he would be taking us so far, and probably later on somebody else.
* * * What he said was, so far as I will be taking you, and probably later on we will just switch, and people from this group will be switching.
Yevzelman testified that when appellant hired him, he and Berkovith did not discuss transportation arrangements, but later, at Berkovith's request, he agreed to transport other workers to Belle Plaine. Yevzelman testified that Berkovith said he had directed people to call Yevzelman about transportation and that he told Berkovith that that would be no problem. Yevzelman did not recall whether appellant paid him for providing transportation over and above what he earned as a laborer. He claimed that he agreed to provide transportation as a courtesy, not for money. Yevzelman did recall receiving a cash payment of $70 or $80 in additio
Page 1 2 3 4 Minnesota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|