Glenn v. McDonald Dairy Co.

Claimant is the widow of Charles Glenn, a carpenter, who died as the result of a fall while working on the roof of defendant’s barn. Defendant denied liability, claiming the deceased was an independent contractor and not an employee within the meaning of the workmen’s compensation act (2 Comp. Laws 1929, § 8407 et seq.). The deputy commissioner made a full award to claimant. The department, however, said on appeal:

“We do not say that he was an independent contractor or that he was an employee but we do say that the burden of proof resting on the plaintiff to prove he was an employee has not…