Whitworth v. Melvin West/West Dairy

MEMORANDUM OPINION

BAILEY, Judge:

Petitioner Vernon T. Whitworth (Claimant) seeks review of the Trial Court’s order dismissing his claim for lack of jurisdiction. Respondent Melvin West (Employer) operates a dairy farm, with a herd of about 300 cows, and sells all his milk to a wholesale milk producers’ association. Employer hired Claimant to assist in the automated milking of the cows. As Claimant herded an uncooperative cow on foot, Claimant slipped and injured his back. At the time of the injury, Claimant was Employer’s only employee, and Employer has never had an annual payroll in excess of…