Spivey v. D.G. Construction Co.

Hearn, Judge:

This is a workers’ compensation appeal. Appellant William Spivey was working with respondent D.G. Construction Company on November 23, 1992, when he sustained serious injuries after he fell from a ladder. The issue is whether Spivey was D.G. Construction Company’s employee and therefore entitled to workers’ compensation benefits. The single commissioner, affirmed by the full commission and the circuit court, found Spivey was not an employee of D.G. Construction.

Spivey appeals. We reverse and remand.

Initially, we address the standard of review to be applied in this case. The…