McClure v. State Compensation Insurance Fund

The appellant, James McClure appeals from the Workers’ Compensation Court’s order denying his petition for new trial and certifying judgment as final dated September 7,1994. We reverse and remand.

BACKGROUND.On June 8, 1992, the appellant James McClure (McClure) was injured in the course and scope of his employment with Smith Enterprises, Inc. (Smith). At the time of the injury, Smith, a tribal-owned business, was an independent contractor of Blaze Construction, Inc. (Blaze). Blaze was the prime contractor for the Bureau of Indian Affairs (BIA) to construct streets in a subdivision located on…