Thomas v. Halbert

CRIST, Judge.

Ernest Halbert appeals the determination of the Labor and Industrial Relations Commission (Commission) finding he was Nathaniel Thomas’s statutory employer under § 287.040, RSMo 1986, and awarding Thomas workers’ compensation benefits. We reverse.

Halbert owned an automobile repair shop located at 2631 Delmar. He contracted with Thomas, an experienced brick contractor, to construct a concrete block addition to the repair shop, which was to be used as a car wash. Thomas agreed to do the job for $18 per hour. Thomas supplied his own tools for the job, but Halbert provided the…