Equity [Estoppel and Waiver]: Equitable Estoppel: Independent Contractor Representation

Mathews v. Liberty NW Ins. Corp. [7/29/03] 2003 MTWCC 53 Use of an independent contractor certificate by claimant who says he or she is an independent contractor does not estop the claimant from seeking workers' compensation benefits where in fact the worker is an employee. The representation is immaterial and the employer and insurer have no right to rely on it since the employer controls the relationship and has a duty to inquire into the claimant's true status.