Olvera v. Del's Auto Body

BOYLE, Justice.

In this worker’s compensation case we are called upon to determine whether the record supports the Industrial Commission’s finding that claimant was an independent contractor rather than an employee, and was not entitled to receive worker’s compensation benefits.

Claimant Hector Olvera (hereafter “Olvera”) worked as a painter at Del’s Auto Body Shop in Caldwell, Idaho. While working at Del’s Auto Body Shop (hereafter “Del’s”) Olvera was paid sixty percent of the labor figure taken from the “flat rate manual” which is provided to body shops by the industry. By comparison, only…