Polka v. Lynch Timber Co.

The commission of the department of labor and industry awarded compensation to plaintiffs under the workmen’s compensation act for the death of John Polka who was killed by a tree which he was cutting down falling upon him. The award was made on the theory that Polka was an employee of D. J. McDonald, a subcontractor of the defendant, Lynch Timber Company. At the time of the accident Polka was cutting logs for McDonald by the piece at an agreed price per log. He was living at home, the tract of timber he was cutting being about two miles from where he lived. He furnished and repaired his own…