In 2017, Truesdell Corporation won a bid to perform bridge maintenance along I-95 in North Carolina. The contract between Truesdell and the North Carolina Department of Transportation (NCDOT) required Truesdell to have law enforcement officers direct traffic at the construction sites. Truesdell contacted Captain Obershea of Robeson County Sheriff’s Office (RSCO) and Chief Edwards of Fairmont Police Department to secure officers for this purpose.
On March 28, 2019, Obershea and Edwards determined they were short-staffed and obtained NCDOT and Truesdell’s permission to hire additional officers. Deputy Sheriff Stephen Lassiter, an off-duty employee of RSCO, agreed to work a shift directing traffic. Lassiter was struck by a car, resulting in significant injuries, and requiring him to be airlifted to a hospital for several surgeries.
Lassiter applied for workers’ compensation on April 15, 2019, and named both RSCO and Truesdell as his employers at the time of the injury, which both RSCO and Truesdell denied. A hearing officer determined that Lassiter was employed by RCSO only on March 28, which was upheld by the full board on appeal. RSCO appealed again to the North Carolina court of appeals, which reversed.
The Court performed the following analysis: (1) Was Lassiter an employee or an independent contractor at the time of his injury; and (2) if an employee, was he solely or jointly employed by RSCO and/or Truesdell? The Court found that Lassiter was an employee at the time of his injury because he was not “engaged in an independent occupation or business. Lassiter was, at the time of his injury, acting as a law enforcement officer, conducting traffic duty – an official duty of law enforcement officers. In so doing, Lassiter retained his official status as he was neither acting solely on behalf of a private entity nor engaged in some private business of his own. Further, evidence at the hearing indicated Lassiter was hired based on his official status as a police officer, as required by Truesdell’s contract with NCDOT, and while undoubtably benefitting Truesdell by performing traffic duty, Lassiter was also serving and protecting the safety of the community.”
Turning to the joint employment question, the Court first noted that there was an unambiguous employment relationship between Lassiter and RSCO, as evidenced by their written employment contract. The Court found that although Lassiter and Truesdell did not maintain an explicit contract, the record established an implied employment contract between them. Truesdell was responsible for hiring, paying, and supervising Lassiter: “While Lassiter was under the direct command and supervision of his superior officers Truesdell still exercised some supervisory authority and control over the officers. Truesdell was directly responsible for the project and making sure officers were on scene. Truesdell contacted RCSO requesting officers to perform traffic duty and provided Obershea and Edwards with plans of how to direct or control traffic as provided by their engineer. Although Truesdell did not speak directly with every officer on site, Truesdell was directly in control of how many officers were working as neither Obershea nor Edwards had the independent authority to hire additional officers.” Additionally, officers submitted W-9s and timesheets to Truesdell, which directly paid each officer $55/hour.
Finally, the Court concluded that Lassiter was under the joint control of RSCO and Truesdell, while simultaneously performing similar services for both, at the time of his injury. The Court found that Lassiter’s traffic-control assignment on March 28 was substantially the same as his traffic-control responsibilities for RSCO in the ordinary course of his employment: “Here, Lassiter was, at the time of his injury a single employee, under a contract of employment with both RCSO and Truesdell, under the simultaneous control of both RCSO and Truesdell, and performing a service similar to the service he performed for RCSO when performing traffic duty for Truesdell. Thus, we hold Lassiter was jointly employed by both RCSO and Truesdell at the time of his injury, and the Full Commission erred in concluding otherwise.”
Lassiter v. Robeson County Sheriff’s Department, No. COA23-267, 2023 WL 8721997 (Ct. App. N.C.).