Miller v. Kimball

Quillian, Chief Judge.

The instant appeal was taken from the judgment of the trial court affirming an award by the State Board of Workers’ Compensation. We granted an application for discretionary review in order to determine the correctness of the award denying compensation predicated on a failure by claimant to establish that the purported employer had three or more employees. Held:

Total Image, the alleged employer and a partnership, contended that although there were more than three individuals working on its behalf they were all independent contractors; the employee, of course, urged that…