Perley v. Ballenger Paving Co.

The case turns on whether the decedent at the time of his injury and death was an employee of defendant Paving Company, or an independent contractor. Defendants’ appeal is based upon the ground that the evidence offered in support of the claim conclusively establishes the relationship between decedent and the defendant as that of ari independent contractor rather than an employee, and that the findings and conclusions of the Industrial Commission, affirmed by the Superior Court, are not supported by the evidence.

The rule declared by the statute and uniformly upheld by this Court that the…