Pettis v. Harken, Inc.

Murphy, Justice.

This case is before us on writ of certiorari to review a decision of the Industrial Commission. The relators contend that the respondent is not entitled to workmen’s compensation benefits for the reason that at the time he was injured he was an independent contractor and not an employee.

From the record it appears that in February 1959 Harlan Hohen-stein, who had been engaged in business as an individual under the name of Minnesota Valley Fertilizer Company, incorporated with others under the name of Harken, Inc. Hohenstein became treasurer and secretary of the new company.…