Breeze v. Helm & Sons Lumber Co.

PHILLIP R. GARRISON, Chief Judge.

The issue is whether Billy Helm, d/b/a Helm & Sons Lumber Co. (“Helm”), had a sufficient number of employees to be qualified as an employer under the Workers’ Compensation Law (the “Act”). The Administrative Law Judge (“ALJ”) held that Helm employed five or more employees, and thus met the definition of “employer” pursuant to § 287.030.1(3)1, 2 and awarded workers’ compensation benefits to Joseph Breeze (“Breeze”). Since Helm had not insured his liability under the Act, the ALJ directed the Second Injury Fund to pay benefits to Breeze. Both Helm and the Second…