Acuity Insurance v. Whittingham

¶ 1. This is an appeal of a worker's compensation award. David Whittingham was severely injured while performing services for Carr Builders. Acuity Insurance Company, Carr's worker's compensation carrier, disputed Whittingham's claim, arguing that although Whittingham was working for Carr at the time of his fall, he was not Carr's statutory "employee" because he also runs a small business that renders him an "employer" under the statute. The Labor and Industry Review Commission, while acknowledging that Whittingham was an employer with respect to his business, found that Whittingham's work…