Mark Powell and Gabrielle Martin obtained a favorable decision dismissing a Claim Petition on the bifurcated issue of whether Claimant was an employee or independent contractor. Claimant alleged that he was injured in March 2025 while working for Employer as a horse trainer. Mark was able to get Claimant to admit that he brought his own equipment, that he was under the control of an outrider while on the track who was not an employee of Employer, but rather an employee of the track, and that he was required to maintain his own insurance. Additionally, Mark submitted evidence that Claimant identified himself as self-employed on his 2025 Horse Racing Commission Renewal Application. Gabrielle drafted the brief in opposition to the Claim Petition, asserting that Claimant was an independent contractor of Employer working as a free exercise rider. The Judge credited the testimony of the Employer witness over that of Claimant, and found that Claimant was an independent contractor, denying and dismissing the Claim Petition.

Questions about this case can be directed to Mark Powell at mpowell@tthlaw.com or 717.255.7645, or Gabrielle Martin at gmartin@tthlaw.com or 610.332.7003.