Dibble v. Garcia

I respectfully dissent.

Based on mixed and contradictory findings of fact and conclusions of law, denominated “findings,” the trial court concluded that Phillip Dibble was an independent contractor hired by J.J. & L., and therefore ineligible for workmen’s compensation benefits.

The facts in this case are not unusual. Phillip Dibble and a framing crew he gathered together at the request of defendant Stright, J.J. & L.’s “agent” and “framing subcontractor” (Finding 4), was hired by Stright to do framing work at the rate of approximately eighty cents per square foot. J.J. & L. carried workmen’s…