Scholz v. Industrial Commission
Wisconsin Supreme Court
1Opinion of the Court
*37Currie, J.
The sole issue on this appeal is whether Scholz, at the time of his injury, was an employee of Hanson or an independent contractor.
As was recently pointed out in St. Mary’s Congregation v. Industrial Comm. (1953), 265 Wis. 525, 62 N. W. (2d) 19, the principal test for determining if a relationship of employer-employee exists, is whether the alleged employer has the right to control the details of the work. Although such is the principal test for determining the relationship, there are other subsidiary or secondary tests to be applied, such as the method of payment of compensation,…
2Cases cited5 opinions
- Montello Granite Co. v. Industrial CommissionWisconsin Supreme Court · 1938
- Kolman v. Industrial CommissionWisconsin Supreme Court · 1935
- Schmidlkofer v. Industrial CommissionWisconsin Supreme Court · 1953
- Porter v. Industrial CommissionWisconsin Supreme Court · 1921
- St. Mary's Congregation v. Industrial CommissionWisconsin Supreme Court · 1953
3Cited by31 opinions
- Madison v. Key Work Clothes, Inc.Supreme Court of Kansas · 1957
- Employers Insurance of Wausau v. SmithWisconsin Supreme Court · 1990
- Daggett v. Nebraska-Eastern Express, Inc.Supreme Court of Iowa · 1961
- Estate of Hegarty Ex Rel. Hegarty v. BeauchaineCourt of Appeals of Wisconsin · 2001
- Szep v. RobinsonWisconsin Supreme Court · 1963
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