Employment: Workers’ Compensation-Employer Liability

Plaintiff appealed from the award denying his claim for workers’ compensation benefits. On appeal, plaintiff argued that the overwhelming weight of the evidence established that defendant was a construction-industry employer employing at least one worker, or alternatively, was an employer with five or more employees, and that plaintiff and defendant had a statutory employment relationship.

Where the record supported the determination that plaintiff was an independent contractor and not an employee of defendant and that the work plaintiff performed for defendant was not routinely performed by defendant, the commission correctly denied plaintiff workers’ compensation benefits.

Judgment is affirmed.

Hayes v. Ginger C LLC (MLW No. 73882/Case No. WD82256 – 20 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from Labor and Industrial Relations Commission. (Truman E. Allen, Columbia, MO, for appellant) (Erika R. Eliason, Columbia, MO, and Ross A. Bridges, Columbia, MO, for respondents)