All American Vending v. Kunzelman

THOMPSON, Judge.

Employer/carrier. (E/C) appeal a workers’ compensation order finding appellee to have been an employee rather than an independent contractor at the time of his death and awarding compensation, funeral expenses and interest. Because the finding is supported by competent substantial evidence, we affirm.

On cross-appeal, appellee urges that the deputy commissioner (deputy) erred in failing to award penalties as the (E/C) failed to controvert the claim for benefits and did not demonstrate that their nonpayment was the result of conditions beyond their control. The final order found…