Nesbit v. Powell

OPINION

HARBISON, Justice.

The only issue on the appeal of this workmen’s compensation case is whether a taxicab driver was,properly held to be an employee of the owner of the taxicab compa*437ny,1 or whether he was an independent contractor. The trial court held that there was an employment relationship and awarded workmen’s compensation benefits. We find material evidence to support this conclusion and affirm.

The driver of the taxicab, appellee, suffered total permanent disability when his cab was struck by another automobile. In a third party claim, he recovered the liability insurance policy…