Matter of Death of Worcester

LAVENDER, Vice Chief Justice:

Albina Worcester filed claim as dependent mother, who suffered pecuniary loss from death of Kenneth Ray Worcester, killed June 29,1975, while operating a truck owned by Kenneth Cole, d/b/a Cole Trucking Company.

Petitioner, hereafter respondent, defended this claim on grounds: (1) Deceased was an independent contractor; claimant was not a dependent; (2) respondents had no employees other than claimant’s decedent so that the Workmen’s Compensation Act did not apply.

A trial judge found deceased was an employee and not an independent contractor and awarded…