Walling v. Hardy Construction

On June 6, 1990, the Montana Workers’ Compensation Court determined that claimant Jess K. Walling, as an independent contractor, could not recover workers’ compensation benefits from Hardy Construction, the general contractor. From this decision, Wailing appeals. We affirm.

The following issues are presented:

1. Was the evidence sufficient for the Workers’ Compensation Court to find that Walling was an independent contractor, rather than an employee of Hardy Construction?

2. In concluding that Walling was an independent contractor, did the Workers’ Compensation Court err in its analysis of the…