Railworks, Inc. v. Naylor

BROWN, Justice.

This appeal comes to us from an award of worker’s compensation to appellee Linda M. Naylor, widow of Stanley D. Naylor. Mr. Naylor was killed in an automobile accident while returning home to Sheridan, Wyoming after quitting work as a rail cutter in Colorado. Appellants Railworks, Inc., the employer, and the Wyoming Worker’s Compensation Division (the state), contested the award and bring this appeal raising the following issues:

“I

“Was appellee an independent contractor or an employee of appellant at the time of the accident?

*1239“II

“Did appellee’s death arise out of and in the…