Pearson v. PEERLESS FLOORING COMPANY

The judgment as to Moore and its carrier is final. Plaintiff did not appeal. Cf. Willingham v. Rock & Sand Co., 240 N.C. 281, 82 S.E. 2d 68. Moreover, plaintiff, in his brief, says: “There is no evidence which could possibly support the conclusion that Pearson was an employee of Moore.”

This appeal relates solely to plaintiff’s claim as against Peerless and its carrier. If Pearson was the employee of Peerless, as plaintiff contends, the death was compensable. If Pearson was not the employee of Peerless, but an independent contractor, as appellants contend, the Industrial Commission had no…