Bennerstrom v. Department of Labor & Industries

Cox, A.C.J.

— An employment relationship for purposes of the workers’ compensation laws does not exist absent (a) the employer having a right to control the employee’s physical conduct in the performance of the employee’s duties and (b) the employee’s consent to the employment relationship.1 Here, there is no genuine issue of material fact whether John Bennerstrom consented to the employment relationship. Bennerstrom did not. Moreover, there is no genuine issue of material fact whether Bennerstrom is a domestic servant under applicable law. Bennerstrom is. Accordingly, we hold that the…