Davidson v. Commonwealth

Opinion by

Judge Wilkinson, Jr.,

This appeal is from the disallowance of workmen’s compensation benefits to a professional jockey (claimant) from the owner of the horse he was riding at the time of the accident during a thoroughbred horse race. The issue raised is the question of whether the jockey is an employee of the owner or is an independent contractor. The referee, after making 14 findings of fact, followed by a discussion of the law, and four conclusions of law, found the relationship to be that of an independent contractor and dismissed the claimant’s petition. His second and third…