Kern v. Steele County

I respectfully dissent. I would affirm the determination of the trial court that the Kerns are employees of Steele County within the meaning of the county’s liability insurance policy. Not only have they met the most important tests of an employer-employee relationship, Iverson v. Independent School District No. 547, 257 N.W.2d 572 (Minn.1977), strong public policy considerations demand such a conclusion.

The most important of the five factors in Iverson is the employer’s right to control the means and manner of an employee’s performance, Holzemer v. Minnesota Milk Co., 259 N.W.2d 592…