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J-King Excavating v. Conley - Memorandum Decision - Arizona Court of Appeals - February 27, 2025

  • Writer: Christopher S. Norton, Esq.
    Christopher S. Norton, Esq.
  • Feb 28
  • 2 min read


Facts:

Amber Conley was hired by Bob Michael Ellis, the sole owner of J-King Excavation, LLC, in May 2022 to be a ground worker. Conley was provided with a truck, company debit card, and necessary tools for her job, and was paid hourly on a weekly basis.


​In December 2022, Conley was injured while cleaning a piece of grading equipment as instructed by Ellis. Conley filed a workers’ compensation claim, which was initially denied by the Industrial Commission of Arizona (ICA).

 

Conley requested a hearing with an Administrative Law Judge (ALJ), who found that Conley was an employee of J-King and eligible for workers’ compensation benefits.

 

Issue(s):

Whether Amber Conley was an employee of J-King Excavation, LLC, and thus eligible for workers’ compensation benefits, or an independent contractor, and therefore not eligible for such benefits.


Holding:

The Arizona Court of Appeals affirmed the ALJ’s decision that Conley was an employee of J-King Excavation, LLC, and eligible for workers’ compensation benefits.

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Key Takeaways:


  1. Employee vs. Independent Contractor:

    The court applied the control test to determine Conley’s status, considering factors such as the duration of employment, method of payment, provision of equipment, right to hire and fire, and the extent of control over work details.

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  2. Control Test Application: The court found multiple indicia supporting Conley’s status as an employee, including her open-ended employment, hourly payment, provision of tools and equipment by J-King, and the performance of duties integral to J-King’s business operations.

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  3. Credibility of Testimony: The ALJ’s credibility determinations were upheld, as the ALJ is the sole judge of witness credibility.

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  4. Work Performed on Sunday: The court rejected J-King’s argument that Conley was not authorized to work on Sunday, noting that Conley was following instructions to meet a Monday deadline, further supporting the employer-employee relationship.

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Read Full Decision: IC 24-0025 J-King.pdf


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