Lindsey v. Smith and Johnson, Inc.

OPINION

HENRY, Justice.

The basic issue in this workers’ compensation case is whether plaintiff, a carpenter by trade, was an employee of the company for which he was framing houses when he was injured. The trial judge found that plaintiff was a partner in a subcontracting partnership which was working for defendant general contractor who had reserved the right to direct and control his subcontractors. The trial judge held that the partnership, with its three employees, was not large enough to be covered by workers’ compensation insurance and, additionally, that partners were not covered by the…