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OSMAN HOME IMP. v. INDUSTRIAL COM'N4/30/1998
his compensation agreement and the fact that Eager Beaver did not require its consent prior to Reynolds's employing Rupp, the court concluded Eager Beaver was Rupp's sole employer, concluding that Curtis and Reynolds were acting merely as Eager Beaver's supervisors in exercising control over the project. See id. at 540. The court noted that Eager Beaver "was on hand to initiate the job and to explain the specifications and directions pertaining to it," that "Eager Beaver paid Rupp directly for his work," and that Eager Beaver "furnished the roofing and hauled it there in its own trucks." Id.
Similarly, in Special Fund Division/No Insurance Section v. Industrial Commission, 172 Ariz. 319, 836 P.2d 1029 (Ariz. Ct. App. 1992), London was hired by Brad's Custom Roofing, Inc. to complete some roofing. See id., 836 P.2d at 1030. London took his ward, Sean Reeder, with him. See id. at 1031. Although Reeder had not yet completed any employment paperwork for Brad's, Brad's supervisor saw Reeder on the roof and voiced no objection. See id. Reeder was almost immediately injured on the job . See id. In reviewing the ALJ's ruling on liability, the court rejected the ALJ's determination that London was Reeder's joint employer. See id. at 1034. The court found no evidence "that London has ever employed anyone, nor was there evidence that he and Reeder had entered into a 'contract of hire.' " Id. at 1033. The court rejected the ALJ's determination that London " 'exercised sufficient right to control' Reeder so as to be his employer," stating that "it is the right to control, not the exercise of that right, that is determinative." Id. Furthermore, the "exercise of 'routine supervision' over an employee is not in itself sufficient to establish an employment relationship." Id. Finally,
the fact that London had taken Reeder to the job site did not create an employment relationship between them. See id. at 1034.
In this case, it is undisputed that Osman retained the right to hire and fire all roofers and their assistants; that Mr. Osman appeared at the job site at least once during the days Steven was employed; that Osman paid Steven directly for his work on the project; that Osman provided all the roofing material required to complete the project; and that Enrique was not an independent contractor and had no authority to hire Steven without first seeking Osman's permission. It is apparent from these findings that any authority that Enrique might have had over Steven was merely as a supervisor over whom Osman retained absolute control. Under such circumstances, the Commission did not abuse its discretion in deciding Enrique was not Steven's employer at the time of Steven's accident.
CONCLUSION
Because the Commission did not abuse its discretion in deciding that Enrique was not Steven's employer at the time of Steven's work-related accident, we affirm the Commission's decision that Osman is solely liable for payment of Steven's workers' compensation benefits.
BENCH and ORME, JJ., concur.
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