Workers Comp Trial basis hire: HUBBARD DBA B&H LOGGING V. HENRY (SC 8/23/2007)

HUBBARD DBA B&H LOGGING V. HENRY
WORKERS COMPENSATION:  Employer-employee relationship
2006-SC-000750-WC.pdf
PUBLISHED: AFFIRMING (OPINION OF THE COURT)
FROM COURT OF APPEALS
DATE RENDERED: 08/23/2007

The claimant agreed to work for Hubbard on a trial basis with no pay for two days. He was severely injured and therefore, never hired. The ALJ dismissed the workers’ comp claim finding there was no employee-employer relationship, but the Worker’s Comp Board reversed, and the Court of Appeals and Supreme Court affirmed, citing the statute stating that there does not need to be an express contract of hire.

Digested by Peter Naake
Priddy, Cutler, Miller & Meade

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