Stephens v. Celeryvale Transport, Inc.

This is an appeal by the defendant, Celeryvale Transport, Inc., from the Nebraska Workmen’s Compensation Court on rehearing, from an order by a divided court awarding the plaintiff, Robert D. Stephens, compensation for injuries received while allegedly in the employment of Celeryvale. The issue which is determinative of the outcome of this appeal is whether the finding of the Workmen’s Compensation Court that Stephens was an employee of Celeryvale, rather than an independent contractor, is clearly wrong. We determine, as a matter of law, that Stephens was an independent contractor and reverse…