Cutshin Coal Co. v. Campbell

CLAY, Commissioner.

This is a workmen’s compensation case involving the sole question of whether or not the deceased was an employee of appellant. The referee, the Board and the circuit court decided that he was.

The deceased was engaged to haul coal for appellant from its mine to the tipple. He owned his own truck, paid his own expenses and was compensated at the rate of 75 cents per ton. No social security or unemployment taxes were deducted from his compensation, but he had been advised by a company official that he was covered by workmen’s compensation, and in the month in which he was…