Cantara v. Dube Design & Construction
October 20, 2016
Independent Contractor Penalties Construction
Summary from the Troubh Heisler Attorneys
The Appellate Division upheld Hearing Officer Dunn's decision granting Cantara's Petition for Forfeiture under §324 and ordering Dube to pay Cantara a $5,000 penalty for late payment of worker's compensation benefits per Judge Stovall's decision. Dube had argued that Judge Stovall's decision was void because Cantara really was an independent contractor. Under §324, however, the employer must pay the ordered benefits to the employee pending the employer's appeal.
These decisions demonstrate that the Maine WC Board is serious about ensuring that building contractors properly designate their workers as employees rather than independent contractors and provide these workers with coverage under the WC Act.