Hoar Construction v. Varney

WIGGINTON, Judge.

We reverse the order of the judge of compensation claims wherein he found claimant to be the actual employee or, in the alternative, a “special employee” of Hoar Construction. Contrary to the weight of case law, the JCC erroneously-relied primarily on the fact that claimant had been placed on Hoar’s payroll pursuant to an agreement between Modern Drywall, Hoar Construction and Lee County to avoid a licensure problem. However, the essential element controlling the issue as to the claimant’s employment status regards the right of control, or the right to direct, the manner in…