Mount Vernon Builders, Inc. v. Rotty

WILLIS, Judge.

On appeal from a decision of the Workers’ Compensation Commission awarding benefits to Brian Rotty, Mount Vernon Builders, Inc. (Mount Vernon) contends that the commission erred: (1) in holding that Rotty was not an independent contractor; (2) in holding that Mount Vernon was Rotty’s statutory employer; and (3) in calculating Rotty’s “average weekly wage” to be $450. We affirm the commission’s decision on the first two issues. On the issue of Rotty’s “average weekly wage,” we reverse and remand to the commission for recalculation.

I

Under familiar principles, we view the evidence…