German v. Whaley

OPINION

FONES, Justice.

The issue in this case is whether Ova Whaley, d/b/a Whaley Brothers Construction was an employee of plaintiff, John C. German, d/b/a as Chris German Construction Company, or whether he was an independent contractor.

The workers’ compensation insurance carrier for German filed a complaint alleging that Ova Whaley owned and operated a business known as Whaley Brothers Construction Company; that on 2 August 1986, Whaley was operating a front end loader on a lot in Cleveland, Tennessee, when it flipped over on its side injuring Whaley; and that thereafter Whaley claimed he…