Dumire v. Martin

HOMEYER, Judge.

The Industrial Commissioner denied the claim of Gordon Dumire for workmen's compensation benefits because he was an independent contractor and not an employee of the insureds when the injury was sustained. On appeal to the circuit court the Industrial Commissioner was affirmed. The claimant has appealed to this court.

There is little dispute in the facts. Dumire formerly farmed near Aberdeen in Brown County, South Dakota. He sold his farm and moved to Custer, South Dakota, about April 1, 1967. The insureds, E. Paul Martin and Harold D. Lang, 1 operated a sawmill in Custer and in…