HomeMy WebLinkAbout2005-07-29_Workers_Compensation_and_contract_workers � 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
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