Argued: October 12, 2017
J. MacAdam, Esq., Nathan A. Jury, Esq., and Donald M. Murphy,
Esq. (orally), MacAdam Jury, P.A., Freeport, for appellant
Matthew W. Marett, Esq. (orally), Maine Employers' Mutual
Insurance Company, Portland, for appellees Regional
Transportation Program and Maine Employers' Mutual
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
Larry Huff appeals from a decision of the Workers'
Compensation Board Appellate Division affirming the hearing
officer's [Collier, HO) decree denying Huff's
petition for award. Huff contends that he was an employee of
Regional Transportation Program ("RTP") and was
therefore entitled to receive benefits for a work-related
injury. We affirm the decision of the Appellate Division.
The following facts, found by the hearing officer and
contained in the Workers' Compensation Board decree
denying Huff's petition for award, are supported by the
record. See Harlow v. Agway Inc., 327 A.2d 856, 858
(Me. 1974); 39-A M.R.S. §§ 318, 322(3) (2016).
RTP is a nonprofit agency that provides transportation
services to disabled, elderly, and low-income clients
throughout Cumberland County. RTP classifies its drivers into
two categories: employee drivers and volunteer drivers.
Employee drivers operate vehicles owned and insured by RTP.
They are paid wages for their time, are not reimbursed for
mileage driven, and belong to a union. They are guaranteed a
certain number of hours each week and may not generally
refuse assignments or days of work. In contrast, volunteer
drivers own and insure the vehicles they drive. They are not
paid wages but are reimbursed for mileage driven and they do
not belong to a union. Volunteer drivers are allowed to
refuse assignments or decline to work on any particular day.
Larry Huff began driving for RTP in November 2011, after
hearing about the program from a friend. That month, he
signed an RTP Volunteer Driver Memorandum of Understanding
which provided in relevant part:
1. Volunteer agrees to assist in the accomplishment of the
goals of RTP by being a volunteer driver
3. In return for the volunteer's assistance, RTP will
reimburse to the volunteer the approved mileage rate(s) per
service mile provided by the volunteer.
8. The parties specifically agree that the volunteer is not
an employee of RTP, and that no employee/employer
relationship is contemplated or implied by this MOU or in
existence by reason of ...