Vincent v. Pursley

Based on a finding that Byron Vincent, deceased, was an independent contractor and not an employee of the appellee when he suffered a fatal accidental injury, the Industrial Board denied compensation to his widow, Agnes Vincent. She appeals and challenges that finding.

The evidence discloses the following situation. Vincent was a painting contractor. Assisted by three of his employees, he was performing a contract to paint Pursley’s farm buildings for an agreed lump sum, using paint furnished by Pursley. It is conceded that in the performance of that work Vincent was acting as an independent…