Carter v. Martin Petroleum Co.

DAVIS, Commissioner.

As surviving widow of Thurman Carter, the appellant sought workmen’s compensation based on her claim that her husband’s death was occasioned by an accident arising out of and in the course of his employment. The appellees defended on the basic ground that Carter was acting as an independent contractor and was not an employee within the purview of KRS Chapter 342. That defense was upheld by the Board and the circuit court.

The appellant seeks reversal, asserting that (1) Carter was an employee within KRS 342.005(1); '(2) Carter’s average weekly earnings were sufficient to…