Gilbert v. Gilbert Timber Co.

George K. Cracraft,

Chief Judge, concurring. I would deny the petition for rehearing because I think that the result reached in the original opinion was correct.

As originally enacted, our statute defined “employees” as those persons “employed in the service of an employer under any contract of hire or apprenticeship. . . .” See Ark. Stat. Ann. § 81-1302(b) (Repl. 1976). That definition of employee did not include a sole proprietor. By amendment in 1979, that definition was expanded to include “sole proprietors and partners who devote full time to the proprietorship. . . ,” but only if they…