Dawson v. Eayrs

The matter here for review is an order of the Workmen’s Compensation Commission holding respondent, Theodore Dawson, to be an employee of relator Stanley Eayrs and computing benefits based on an estimated wage of $2 an hour. The employer seeks a reversal of that decision. We affirm.

The injury which gave rise to the award of benefits occurred on May 14, 1968, when a ventilating fan which Dawson had installed in Eayrs’ restaurant collapsed and struck him on the head.

1. Eayrs contends that the facts require a finding Dawson was an independent contractor. Dawson had been a patron of Eayrs’…