Ceradsky v. Mid-America Dairymen, Inc.

Ceradsky was killed as he was working as a driver of a milk-truck route. The route involved driving to various dairy farms six days a week to pick up full milk cans and taking the milk to Mid-America Dairymen, Inc. (defendant), formerly known as Bethany Cheese Company (collectively, Mid-America), for manufacture into cheese. Ceradsky was paid to perform his work by Percell, who was employed by Mid-America as a field man and office help. As a field man, Percell visited farmers to solicit business and troubleshoot milk production. In addition to his field-man position, Percell had a separate contract with Mid-America to pick up milk from farmers. Percell bought his own truck and hired drivers, including Ceradsky, to run the route. Percell paid for maintenance and insurance for the truck, and Percell paid the wages, withheld the taxes, and issued the W-2s for the truck drivers. Mid-America purchased the insulated truck bed, which had a company logo on it, for Percell’s truck,. On his routes, Ceradsky would drop off empty milk cans, pick up full milk cans, pick up orders for supplies, and deliver supplies. If a farmer was upset with Ceradsky, the Mid-America plant manager would reprimand Ceradsky, but Percell was Ceradsky’s primary manager. After Ceradsky died while working on his route, his dependents, Beverly Lea Ceradsky, Ollie Christina Ceradsky, and Garland Dewayne Ceradsky (collectively, Ceradsky’s dependents) (plaintiffs), filed a claim for workers’-compensation death benefits from Mid-America. The Industrial Commission denied the claim, finding that because Mid-America did not have the right to control Percell’s work as a milk hauler, Ceradsky was an independent contractor. The appellate court affirmed, and Cerdasky’s dependents appealed.