Brothers v. Dierks Lumber & Coal Co.

Appellants filed a Workmen’s Compensation claim against appellee Direks Lumber & Coal Co. (hereinafter called Dierks) and one Dan Durham on account of the death of their husband and father, Chester 0. Brothers, who was killed when a log rolled off a truck onto him while he was helping unload logs being hauled from the Ouachita National Forest to a Dierks lumber mill. The Workmen’s Compensation Commission denied the claim against Dierks, on the ground that decedent Brothers was not an employee of Dierks but was employed only by Durham, who was held to be an independent contractor. The claim…