McCown v. Hines

LEWIS, Judge.

Defendants Mike Hines d/b/a Mike Hines Heating and Air Conditioning and N.C. Home Builders Self-Insured Fund, Inc. appeal from an Opinion and Award of the North Carolina Industrial Commission granting plaintiff James Robert McCown permanent and total disability compensation. Defendants contend the Commission erred in (1) classifying plaintiff as an employee rather than an independent contractor, and (2) setting plaintiffs average weekly wage at $400. We reverse the decision of the Industrial Commission.

On 8 April 1996, plaintiff James McCown was re-roofing a rental house on Sixth…