Maloy v. A. E. Andrews & Son

WILLIAMSON, Chief Justice.

In this Workmen’s Compensation case the question is whether at the time of petitioner Maloy’s injury he was in the employ of Elmer A. Andrews, d/b/a A. E. Andrews & Son (Andrews), or W. H. Hinman, Inc. (Hinman), or both. It is agreed Maloy is entitled to compensation.

The Industrial Accident Commission found that Andrews was the employer. From this decision Andrews appeals pointing to Hinman as the employer, or in the alternative to Andrews and Hinman jointly as the employers.

“39 M.R.S.A. § 99 provides in part that a decision of the Commission ‘in the absence of…