White v. Searls & White Tree Service

Plaintiff, Betty White, appeals from a Workmen’s Compensation Appeal Board decision holding that her deceased husband, Clinton White, was not an employee of either defendant at the time of his death, and that plaintiff was not entitled to workmen’s compensation benefits. We affirm the board’s decision.

At the time of decedent White’s death, he and his working crew from defendant City Tree Service, a sole proprietorship owned by the decedent, were employed on a tree removal project undertaken by defendant Searls & White. The work was done pursuant to an oral agreement between the decedent and a…