Phaneuf v. Industrial Commission

The principal test for determining whether the relationship of employer and employee exists is whether the alleged employer has the right to control the details of the other’s work. Hume v. Industrial Comm. (1945), 248 Wis. 5, 20 N. W. (2d) 573; Thurn v. La Crosse Liquor Co. (1951), 258 Wis. 448, 46 N. W. (2d) 212; Frits v. Industrial Comm. (1935), 218 Wis. 176, 260 N. W. 459. The arrangement between the partnership and the town contemplated ’ that the town’s officers were to participate in the undertaking only to the extent that they would designate the portion of the highway upon which the…