A Federal Court of Appeal ruled last week that it was proper to use a Department of Transportation
regulation for the definition of whether
was an "employee" for purposes in determining coverage for a truck driver injured in a motor vehicle collision. In Consumers County Mut. Ins. Co. V. Pw & Sons Trucking Inc. (USCA 5th, No. 01-20201, 10/08/02), PWS, a small trucking company, hired two drivers to assist in hauling four loads of plastic resin from Texas to various locations in Louisiana, Arkansas, Missouri, and New York. The drivers, Paillet and Terry Wayne Bob, both held other jobs at th...
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