Phillips Petroleum Co. v. Bandy

BERRY, Vice Chief Justice:

This is an original proceeding to review an order of the State Industrial Court en banc, affirming an award allowing claimant, Mary E. Bandy, death benefits for the death of her husband Opie Anderson Bandy. Parties will be referred to as they appeared before the State Industrial Court, and Opie A. Bandy, will be referred to as “deceased.”

Respondent contends deceased was an independent contractor and not an employee at the time of the alleged accident.

Deceased and respondent entered into a written consignment contract on April 22, 1957, which was in force at the time…