Bass v. National Super Markets, Inc.

ROBERTSON, Judge.

We granted transfer to reexamine the manner in which appellate courts of this state have made determinations of statutory employment under section 287.040, RSMo 1994. The specific issue in this ease is whether the trial court properly concluded as a matter of law that section 287.040, RSMo 1994, rendered plaintiffs’ decedent, who performed floor care duties as the employee of an independent contractor, a statutory employee under The Workers’ Compensation Law (the “Act”). As more fully explained, we hold that the performance of routine, frequent, and regular contractual duties…