Burgess v. NaCom Cable Co.

PUDLOWSKI, Judge.

This is an appeal from a plurality decision of the Labor and Industrial Relations Commission reversing an ALJ’s Workers’ Com*451pensation award. The parties are David Burgess (claimant) and NaCom Cable Company, a Division of Amerilink Corporation, employer (NaCom). The ALJ found that claimant was an employee. Claimant claims the Commission erred in finding he was an independent contractor and, therefore, not entitled to Workers’ Compensation. We reverse.

The facts of the case are undisputed. Na-Com is in the business of cable television installation and repair. At the time of the…