Swafford v. Sherwin Williams

HARGRAVE, Justice.

Issue presented for review is whether Claimant, Rick Swafford, who generally was an independent contractor for Sherwin Williams, was working in the capacity of an employee within the contemplation of Title 85, Oklahoma Statutes, when he assisted Sherwin Williams’ employees lift a heavy roll of linoleum and was injured.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

In 1978 the claimant, Rick Swafford, began installing carpet, vinyl and linoleum for the respondent, a Sherwin Williams store in Pryor, Oklahoma. The parties’ working relationship began with an oral agreement to the effect…