COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68264 : ACCELERATED DOCKET PAUL KORNEY, ET AL., : : JOURNAL ENTRY : Plaintiffs-Appellants : AND : v. : OPINION : MAXX PLUS DRYWALL, ET AL., : PER CURIAM : : Defendants-Appellees : DATE OF ANNOUNCEMENT OF DECISION: JUNE 15, 1995 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. 260730 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellant, Sheldon Karp Paul Korney: R. Mark Gottfried Landmark Office Towers 1835 Midland Building 101 Prospect Avenue, West Cleveland, Ohio 44115 For plaintiffs-appellants, Franzetta Turner Industrial Commission of Ohio Assistant Attorney General and The Bureau of Workers' State Office Building Compensation: 615 West Superior Avenue 12th Floor Cleveland, Ohio 44113-1899 For defendants-appellees: Kevin R. Sanislo BOBBINS, KEPPLE & BOECKER 3882 Bywood Drive Akron, Ohio 44333 -3- PER CURIAM: Appellant's assignment of error is overruled. Summary judgment in favor of appellee was appropriate because, construing the evidence in a light most favorable to appellant, reasonable minds could only conclude appellant was an independent contractor. See Civ.R. 56(C). Thus, appellant was not eligible to participate in the Worker's Compensation Fund. See Bostic v. Connor (1988), 37 Ohio St.3d 144. We do not find convincing appellant's arguments that he was an employee. See Haring v. Triangle Equip. Corp. (1992), 91 Ohio App.3d 432. Although Maxx Plus set the hours and decided which jobs to work on, appellant chose whether to work for Maxx Plus on a given day. See Bostic, supra. Max Fink, owner of Maxx Plus, usually worked "side by side" with appellant. On the date of the accident, Fink left the job site after giving appellant instructions. Thus, the manner and means of doing the work was left to appellant. Id. Maxx Plus supplied some tools, but appellant had most of the tools required. Id. Evidence showing appellant was an independent contractor included: Korney signed an affidavit he was an independent contractor. Id. Reasonable minds could not find appellant was coerced into signing the affidavit. Maxx Plus did not withhold taxes and appellant reported self-employment income. Haring, supra, at 438. Korney worked for other employers, sometimes installing drywall. Appellant did a few small drywalling jobs on his own. See Gillum v. Indus. Comm. (1943), 141 Ohio St. 373, -4- 381. Appellant did not receive unemployment compensation when Maxx Plus had no work for him. Based on this evidence, reasonable minds could only conclude appellant was an independent contractor. Accordingly, the judgment of the trial court is affirmed. -5- It is ordered that appellees recover of appellants their costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. DONALD C. NUGENT, PRESIDING JUDGE JOSEPH J. NAHRA, JUDGE TERRENCE O'DONNELL, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time .