Null v. State Compensation Commissioner

Lovins, President:

This appeal presents one question: Was claimant at the time of his injury an employee or an independent contractor ?

Frank Null, claimant, was employed as a coal loader by The Hatfield-Campbell Creek Coal Company for approximately twenty-one years prior to his injury. On or about September 2, 1943, he requested the mine foreman to transfer him from the night shift to the day shift. This request was denied for the reason that there was no vacancy on the day shift. He thereupon requested the mine foreman to givé him authority to cut mine posts and ties for use in the coal…