Leghart v. Schuler Painting, Inc.

Citations

• 2026 Ohio 1563

Syllabus

Summary judgment; Civ.R. 56(C); workers' compensation; employee; independent contractor; right to control test. The trial court properly granted summary judgment in favor of the defendants-appellees because plaintiff-appellant failed to demonstrate that there was a genuine issue of material fact concerning whether he was an employee of defendant-appellee when he injured himself on the job. The evidence presented in support of the trial court's finding that plaintiff-appellant was an independent contractor and not entitled to workers' compensation benefits included the undisputed fact that prior to starting work for defendant-appellee, plaintiff-appellant never (1) signed a Form I-9; (2) provided a driver's license or any documents to Schuler Painting establishing his eligibility to work in the country; (3) executed a Form W-4; (4) received an employee handbook; or (5) received any employee benefits, including health insurance. Defendant-appellee also produced text messages between the parties demonstrating that the job was to be for a week. Defendant-appellee also introduced medical records that indicated that when plaintiff-appellant sought treatment, he told the treating physician that he was \self-employed.\ The only evidence plaintiff-appellant presented to establish that he was an employee were his own claims made at a deposition. This was insufficient to meet his reciprocal burden on summary judgment.