Savoy v. Portserv Transportation Co.

RCANNELLA, Judge.

Plaintiff, Frank W. Savoy, appeals from a judgment by the Office of Worker’s Compen*103sation denying his motion to reinstate Ms claim against defendant, Ms employer, Port-serv Transportation Co., Inc. For- the reasons wMeh follow, we vacated the judgment and remand.

Plaintiff filed a worker’s compensation claim on April 17, 1990. Defendant’s compensation insurer took the position that plaintiff was not an employee of defendant. ■ Plaintiff also filed a tort action in district court arising out of the same accident. Defendant’s tort insurer took the position that plaintiff’s…