Does hauling sugar cane in a truck count as manual labor for a Louisiana contractor’s workers’ compensation coverage?

Plain-English summary

Louisiana’s labor secretary asked whether an owner or operator hauling sugar cane during grinding season was an independent contractor for workers’ compensation purposes. The Attorney General separated two issues. It said contractor status depended on the facts of each arrangement. Assuming a particular hauler was an independent contractor, the AG concluded in 2005 that operating the truck tractor or trailer did not count as manual labor under the statute’s exception to the contractor exclusion.

The opinion quoted R.S. 23:1021(7). The provision expressly excluded fueling, driving, connecting and disconnecting electrical lines and air hoses, hooking and unhooking trailers, and inspecting the vehicle from “manual labor.” The AG therefore said those tasks could not trigger the manual-labor exception for the assumed independent contractor. It did not decide any individual hauler’s employment status or address other tasks beyond the listed truck operations.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was a sugar cane hauler automatically an independent contractor?

No. The AG said the employee-versus-contractor distinction was factual and required a case-by-case assessment. It assumed contractor status for its answer about truck operation.

Did hooking a trailer or connecting hoses count as manual labor under this exception?

No. The statute quoted by the AG excluded those listed truck operation tasks from manual labor, along with fueling, driving, and vehicle inspections.

Did the opinion say that all work by a cane hauler was outside workers’ compensation?

No. Its conclusion addressed the listed truck operations if the hauler was an independent contractor. It did not determine a particular hauler’s status or analyze other work.

Background and statutory framework

The quoted independent-contractor definition excluded contractors from workers’ compensation unless a substantial part of their work time was spent in manual labor. The 2004 amendment added a sentence specifying that truck tractor or trailer operations, including the listed tasks, were not manual labor for this purpose. The opinion also recited five factors from Louisiana cases for deciding whether a worker was a contractor. Two paragraphs call the section “R.S. 23:1201(7),” while the quotation and syllabus identify it as R.S. 23:1021(7).

Citations

• R.S. 23:1021(7) (quoted contractor definition and truck-operation exclusion).
• Act 188 of the 2004 Regular Session (amendment identified by the AG).
• Tower Credit, Inc. v. Carpenter, 825 So.2d 1125 (La. 2002) (cited on contractor status).
• Mullin v. R.A.M. Enterprises, 844 So.2d 376 (La. 1st Cir. 2003) (cited on contractor status).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0355

Original opinion text

September 16, 2005
OPINION NUMBER 05-0355

173 – A WORKMEN’S COMPENSATION
Mr. John Warner Smith, Secretary La. R.S. 23:1021(7) The operation of a sugar cane truck tractor trailer by an
Department of Labor
independent contractor is not considered manual labor for
P.O. Box 94040
purposes of the “manual labor” exception contained in La.
Workers’ compensation statute R.S. 23:1021(7). Operation
Baton Rouge, LA 70804-9040
includes fueling, driving, connecting and disconnecting electrical
lines and air hoses, hooking and unhooking trailers, and vehicle inspections.
Dear Secretary Smith:

You have requested an opinion from this office as to whether a sugar cane hauler, which you describe as an owner or operator of a tractor trailer who hauls sugar cane for a sugar cane producer during grinding season, is an independent contractor for the purposes of Louisiana’s workers’ compensation statutes, specifically R.S. 23:1021(7), which provides, in pertinent part, as follows:

(7) “independent contractor” means any person who renders service, other than manual labor, for a specified recompense for a specified result either as a unit or as a whole, under the control of his principal as to results of his work only, and not as to the means by which such result is accomplished, and are expressly excluded from the provisions of this Chapter unless a substantial part of the work time of an independent contractor is spent in manual labor by him in carrying out the terms of the contract, in which case the independent contractor is expressly covered by the provisions of this Chapter. The operation of a truck tractor or truck tractor trailer, including fueling, driving, connecting and disconnecting electrical lines and air hoses, hooking and unhooking trailers, and vehicle inspections are not manual labor within the meaning of this Chapter.
[Emphasis added]

Pursuant to this statute, independent contractors are expressly excluded from the provisions of the worker’s compensation statutes. The Louisiana Supreme Court has found the distinction between employee and independent contractor status to be a factual determination that must be examined on a case-by-case basis. The factors that must be considered are whether:

1) there is a valid contract between the parties 2) the work is independent in nature so the contractor may accomplish it through non-exclusive means;

Page 2

OPINION NUMBER 05-355
Mr. John Warner Smith
Page - 2 -

3) the contract calls for specific piecework so that the contractor may use his own methods without supervision by or direct control from the principal;
4) there is a specific price for the overall undertaking; and 5) the duration of the work is for a specific time.1

Section (7) of R.S. 23:1201 also contains what is commonly called the “manual labor exception”, which allows independent contractors to qualify for workers’ compensation benefits when “a substantial part of [their] work time . . . is spent in manual labor.”

As you are aware, Act 188 of the 2004 Regular Session amended R.S. 23:1201(7) by adding the last sentence, which contains language that specifically excludes “the operation of a truck tractor or truck tractor trailer, including fueling, driving, connecting and disconnecting electrical lines and air hoses, hooking and unhooking trailers, and vehicle inspections” from being considered manual labor.

Thus assuming a particular cane hauler is an independent contractor, his operation of a truck tractor or trailer, including fueling, driving, connecting/disconnecting lines and hoses, hooking/unhooking trailers, and vehicle inspections will not considered manual labor for purposes of the manual labor exception, and no exception will apply.

We trust this adequately addresses your question. If you have any further questions, please contact our office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ______
DENISE B. FITZGERALD
Assistant Attorney General

CCF, JR., /DBF; mjb

1
Tower Credit, Inc. v. Carpenter, 825 So.2d 1125 (La. 2002), Mullin v. R.A.M. Enterprises, 844 So.2d 376 st
(La. 1 Cir. 2003),

Page 3

173-A Workers’ Compensation
Syllabus

173 – A WORKMEN’S COMPENSATION

La. R.S. 23:1021(7)

The operation of a sugar cane truck tractor trailer by an independent contractor is not considered manual labor for purposes of the “manual labor” exception contained in La. Workers’ compensation statute R.S. 23:1021(7). Operation includes fueling, driving, connecting and disconnecting electrical lines and air hoses, hooking and unhooking trailers, and vehicle inspections.

Mr. John Warner Smith, Secretary
Department of Labor
P.O. Box 94040
Baton Rouge, LA 70804-9040

DATE RECEIVED:
DATE RELEASED: September 16, 2005

DENISE B. FITZGERALD
Assistant Attorney General