2005-07-29_Workers_Compensation_and_contract_workers

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� y Harry Kim r�7,°!!!y� Lincoln S.T. Ashida Mayor �� ' Corporation Counsel Gerald Takase Assistant Corporation ••>�'o:'N�''' Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 a Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 July 29, 2005 Ms. Charmaine Kamaka CONFIDENTIAL: ATTORNEY- Safety Division Chief CLIENT PRIVILEGE. NOT TO BE County Civil Service Department COPIED, RELEASED, OR CIRCULATED TO THE PUBLIC 101 Pauahi Street, Suite 2 OR ANYONE WITHOUT THE Hilo, Hawaii 96720 CONSENT OF THE OFFICE OF THE CORPORATION COUNSEL. Re: Workers' Compensation and Contract Workers Our File No.: WRK 05-10273 Dear Ms. Kamaka: I have reviewed the contract you provided for the Recreation Educator, as well as the applicable provisions of the Workers' Compensation laws. It is the opinion of this office that the contract for the Recreation Educator creates an employer-employee relationship; and as a result, injuries which would otherwise be covered for purposes of Workers Compensation would apply to this person as well. It appears that the purpose of the contract for a limited term is to avoid the creation of Civil Service status upon these workers. Whether it is or is not appropriate to have these workers as employees or independent contractors is the subject of a separate debate. While it appears that the employer has little, if any, control over the manner the work is conducted, it still remains that our contract,nonetheless, classifies these persons as employees. Thus, these workers are to be afforded all applicable rights under the Workers' Compensation laws. The investigation of this claim should proceed as any other claim, including the determination of the issue of the work-related nature of the injury. Yo s truly, r ; Michael J. Ud vic Deputy Corporation Counsel MJU:mc sAwork 2005\july\wrk 05-10273 Itr to civil service re contract workers Howai'i County is an Equal Opportunity Provider and Empioyar