Collins v. Garber

JOHNSON, Judge.

The issue confronting us is not whether plaintiffs injury is compensable, for all parties have stipulated that it is. The issue lies as to which defendant is to pay the compensation, the contractor and its insurer or the subcontractor and its insurer. Deputy Commissioner Sellers and the Full Commission have rendered decisions ordering the subcontractor Garber and its insurer Transamerica to pay the compensation. Transamerica, who did not appear at the hearing before Deputy Commissioner Sellers nor the Full Commission, seeks now to appeal the order and award of the Full…