Reynolds v. Nix

YATES, Judge.

R.C. Nix sued Millard Reynolds, Sr., d/b/a Reynolds Woods Products (Reynolds) to recover workmen’s compensation benefits. Nix, an independent contractor who sold wood to Reynolds, was injured while attempting to fell a tree. Following an ore tenus proceeding, the trial court entered an order dated September 25, 1992, granting Nix recovery. The trial court found Nix’s average weekly wage to be $667.50. Reynolds appeals.

The sole issue on appeal is whether Nix’s “production costs” should have been deducted in calculating his weekly wage, because he is an “independent contractor” and…