Bethel v. Sunlight Janitor Service

BARDGETT, Judge.

The issue is whether a sole proprietor of an unincorporated business — an employer— is eligible to receive workmen’s compensation benefits as an employee when he is injured in an accident while performing duties regularly performed by one of his employees. The Industrial Commission denied compensation and the circuit court affirmed. The court of appeals, St. Louis district, affirmed and, after opinion, overruled plaintiff-appellant’s motion for rehearing but sustained appellant’s motion to transfer to this court pursuant to art. V, sec. 10, Mo.Const., as amended.

This court…