Baker v. Nussman

This is an appeal from an order of the Industrial Commission of Virginia, denying the claim of Ella Baker to compensation for the death of her husband, Madison Baker.

The question involved in the ease is a very narrow one, but it is not without difficulty. As we view the issue the sole question is whether Madison Baker was a sub-contractor or whether he was an employee of Nussman and Cox. If the former, the claimant is not entitled to compensation; if the latter, she is. This issue presents a question of law to be determined from the facts.

Nussman and Cox are engaged in the general contracting…