Legal Opinion

Fidelity & Casualty Co. v. Clements

Court of Appeals of Georgia

Decided July 6, 1936No. 25205PublishedCited by 5 opinions

1Opinion of the CourtJenkins, P. J.

1. In claims for compensation under the workmen’s compensation act, where the question is whether the injured person, or the person under whom he was working, occupied the relation of an employee or of an independent contractor toward the alleged employer, the line of demarkation is often so close that each ease must be determined on its own particular facts. The crucial test to be applied, however, in determining whether the relationship of the parties under a contract for performance of labor is that of master and servant, or that of employer and independent contractor, lies in whether the…

2Cases cited2 opinions

  1. Liberty Lumber Co. v. SilasCourt of Appeals of Georgia · 1934
  2. Cooper v. Dixie Construction Co.Court of Appeals of Georgia · 1932

3Cited by5 opinions

  1. Federated Mutual Hardware Insurance v. ElliottCourt of Appeals of Georgia · 1953
  2. London Guarantee & Accident Co. v. PittmanCourt of Appeals of Georgia · 1943
  3. Savannah Electric & Power Co. v. EdenfieldCourt of Appeals of Georgia · 1968
  4. American Fire & Casualty Co. v. DavidsonCourt of Appeals of Georgia · 1967
  5. Smith v. Globe Indemnity CompanyCourt of Appeals of Georgia · 1954

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