Smith v. Perry

DAVIS, Commissioner.

This appeal attacks a judgment in a workmen’s compensation proceeding wherein the circuit court overturned an award for total permanent disability which had been made to appellant Smith by the Workmen’s Compensation Board. The circuit court based its ruling on a finding that Smith was not an employee of appellee Jim Perry at the time of the injury. The Board had found that Perry was the employer of Smith. The determinative question is whether the Board’s finding was supported by substantial evidence.

An unusual chronology appears in this case. The Board’s award was made…