Perry v. Delisle

BENTON, Judge.

The Workers’ Compensation Commission ruled that Tom Delisle, trading as R & T Construction, sustained his burden of proving he regularly employs fewer than three people. Melvin G. Perry contends the commission erred in concluding that Delisle was not within the coverage of the Act and, therefore, in ruling Perry’s injury by accident was not compensable. For the reasons that follow, we reverse the commission’s decision.

*419I.

The essential facts are not contested. The commission found that Melvin G. Perry suffered an injury on April 4, 2001 while he was employed by R & T Construction.…