Scoggins v. Aetna Casualty & Surety Co.

Marshall, Judge.

Claimant was a partner of Evergreen Lawn Management which consisted of himself, his wife and his brother. There were other persons who worked as laborers for the partnership on various landscaping jobs. The claimant was injured while unloading a magnolia tree on one of these jobs. He filed a workmen’s compensation claim against himself et al., d/b/a Evergreen Lawn Management and Aetna Casualty and Surety Company. The insurer denied liability on the ground that the claimant was not an "employee” within the definition of Code Ann. § 114-101 of the Workmen’s Compensation Act.…