Brookshire Grocery Co. v. Morgan

I respectfully dissent. In my view, there is substantial evidence to support the Commission's decision that Morgan was an employee and not an independent contractor at the time of his injury.

There is no hard and fast rule for determining whether a workers'-compensation claimant is an employee or an independent contractor. See Moore v. Long Bell Lumber Co. , 228 Ark. 345, 307 S.W.2d 533 (1957). Each case must be determined on the facts presented. See, e.g. , Kistner v. Cupples , 2010 Ark. 416, 372 S.W.3d 339. In this case, some facts weigh in favor of employee status, while other facts weigh…