Embattled Contractor Accused of Failing to Carry Comp

Thursday, March 14, 2024 | 0

A contractor in Maine who was acquitted on manslaughter charges after a jury determined his workers were independent contractors with the autonomy to choose for themselves whether to follow safety rules is now facing charges of failing to carry workers’ compensation, according to reports by the Portland Press Herald.

The Maine Workers’ Compensation Board alleges that Shawn Purvis was required to have workers’ compensation coverage for employees at his Purvis Home Improvement Co.

While Purvis has successfully argued that his workers were contractors, WCB Executive Director John Rhode told the Portland Press Herald that Maine law presumes anyone who performs a service for payment is an employee.

Purvis was charged with workplace manslaughter after his half-brother, Alan Loignon, died in December 2018 after falling from a third-story roof. His attorneys argued that Loignon was a self-employed independent contractor during the trial that ended with a jury acquittal in December 2021.

Last year, a federal administrative judge affirmed the $1.6 million in fines that the U.S. Occupational Safety and Health Administration levied against Purvis Home Improvement for 20 violations.