Claim of Smith v. White

Appeal by employer and its carrier from a decision and award of the Workmen’s Compensation Board. Both appellants contend that claimant was an independent contractor and appellant carrier further contends that its policy covered neither claimant nor the premises where his injury occurred. Employer’s premises included a restaurant and a two-story dwelling with an open-air eating stand between them. Employer occupied a part of the dwelling as his residence and a portion of it was occupied by his tenants. Claimant was injured while repairing a ceiling in a bathroom in the part occupied by the…