Johnson v. Timber Structures, Inc.

TOOZE, J.,

specially concurring.

I fully concur in the result reached in the opin*677ion. The conclusion therein is based upon a consideration of the words “joint supervision and control” as used in subd. (1) of OES 656.154. However, that subdivision of the statute uses the word “premises” in connection with the words “joint supervision and control”, and the word “premises” is defined in subd. (2). It is this definition of “premises” that has caused much difficulty on the part of the courts in construing the statute. The stumbling block has been in the meaning of the phrase “are engaged in the…