Ray v. Wayne Smith Trucking

Terry Crabtree, Judge.

In this workers’ compensation case, the Commission denied the appellant, Jessie C. Ray, benefits because he failed to prove by a preponderance of the evidence that he was performing an employment service when he sustained an injury to his right shoulder on August 16, 1997. The Commission affirmed and adopted the Administrative Law Judge’s decision, and appellant appeals the Commission’s determination claiming that it is not supported by substantial evidence. We reverse.

The appellee, Wayne Smith Trucking, employed appellant as an “over-the-road” truck driver. In this…