Workers’ Comp rules against ex-Dann aide

By Marc Kovac

His four workers did not make themselves available to other contractors.

COLUMBUS — Workers at Anthony Gutierrez’s home remodeling business were employees and subject to workers compensation payments, a state panel has ruled.

The Bureau of Workers’ Compensation issued the decision against the man who played a central role in the scandal that led to the resignation of Attorney General Marc Dann, rejecting his arguments that the four workers in question were contractors.

“The committee is persuaded by the bureau’s evidence and finds that the employer has failed to demonstrate that the workers at issue are independent contractors,” according to the decision.

Gutierrez will have to pay restitution of up to $6,700 in case.

Keith Schneider, legal counsel for Gutierrez, says his client will appeal the decision.

Gutierrez appeared before a state panel earlier this month that focused on whether workers at his MTV Construction business were employees or contractors. The former would have required filings with the Bureau of Workers Compensation and payments to the state to cover costs if workers were injured on the job, which Gutierrez’s MTV Construction did not pay.

An investigation by the bureau and the state inspector general identified workers who received weekly paychecks and were paid on an hourly basis.

“The workers worked only for MTV and did not hold themselves out as being available to other contractors,” according to documents. “The ‘employees’ received regular paychecks from MTC over an extended period of time, whereas other workers appeared to be paid in a manner consistent with a contractual arrangement.”

But Schneider argued that the bureau had not proved the four workers in question met the state’s definition of employee. Under Ohio Revised Code, workers must meet at least 10 of 20 criteria to be considered employees for workers’ compensation purposes.

“At no time in the bureau’s classification have they ever identified 10,” Schneider said. “The most they ever get to is eight.”

The three-person BWC panel issued its unanimous decision against Gutierrez, saying, “The workers in question are MTV employees and were required to be included in the payroll reported to the bureau.”

Gutierrez was indicted earlier this year on 10 criminal counts that carried potential penalties of eight years in prison and $20,000 in fines.

In August, he pleaded guilty to six of those counts as part of a deal with prosecutors. He admitted using state property and employees to operate his private construction company, improperly receiving money from Dann’s campaign account and filing inaccurate information on state disclosure and Bureau of Workers’ Compensation filings.

Prosecutors, as part of the plea agreement, have recommended 45 days in jail, served in 15-day increments.

Sentencing is scheduled for Nov. 18 in Franklin County Common Pleas Court.