Clayco Construction v. Beserra

MEMORANDUM OPINION

CARL B. JONES, Vice Chief Judge:

¶ 1 Claimant, Beserra, was injured in an automobile accident on the way to his job roofing houses. The trial court found him to be an employee of Clayeo Construction (Employer) and that the injuries arose out of and in the course of his employment. Claimant was awarded temporary total disability. The three-judge panel affirmed. In this review proceeding, Employer contends the lower courts erred in finding Claimant to be his employee and in finding that the injuries arose out of and in the course of any such employment.

¶2 Employee status is a…