5. (TCO E) While working as a carpenter with his own business for a furniture company, Jack was injured on the job and filed a worker’s compensation claim which listed the furniture company as his employer. Based upon the foregoing, will Jack be deemed an employee or an independent contractor? Analyze the fact pattern in conjunction with the legal factors that impact the employee versus independent contractor determination. Determine and explain the implications of this determination on Jack’s worker’s compensation claim. Incorporate applicable law as you analyze and interpret the scenario in conjunction with the legal elements of the claims. (Points : 30)
6. (TCO F) Retirees were employed by White Farms while the company was an affiliate of the White Motor Corporation. The dispute concerned the White Motor Corporation Insurance Plan for Salaried Employees, a non-funded, noncontributory benefit plan that provided life, health, and welfare insurance, prescription drugs, hearing aid benefits, and dental care to retirees and their eligible dependents. White Motor employees periodically received booklets describing their benefits under these plans.
The 1980 booklet described insurance provided and carried the explicit disclaimer that it was “not the contract of insurance.” The booklet differentiated between different categories of salaried employees and appeared to have been prepared for distribution to both active and retired employees.
The 1985 booklet was addressed specifically to retired employees. Much of the information in the booklet made no distinction between the Welfare Benefit Plan and the Pension Plan, and its summary of an alleged cancellation clause referred to both plans.
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