Rayner v. Aetna Casualty & Surety Co.

Birdsong, Judge.

This appeal involves the denial of workmen’s compensation benefits subsequent to the death of the claimant’s husband. The evidence presented to the. administrative law judge compels the finding that the decedent, at the time of death, was an independent contractor as to appellee prime contractor and thus not an "employee” of the appellee prime contractor. This finding is consistent with the rule in that, upon appeal from an award of the State Board of Workmen’s Compensation, the evidence will be construed in a light most favorable to the party prevailing before the board.…