Question
On April 15th Acme Construction arranged with Freddy Framer to frame out 6 new homes that were to be built in a new subdivision in
On April 15th Acme Construction arranged with Freddy Framer to frame out 6 new homes that were to be built in a new subdivision in Grand Junction. The manager of Acme told Freddy the 6 new homes had to be framed out by May 15th. Freddy drove himself to/from the worksite; he bought his own gas for his truck; used all of his own tools but was to use the nails and wood that Acme left on the jobsite to construct the house frames; he ate lunch at noon on the jobsite with the rest of the workers on the jobsite but otherwise he came and went as he wished. On May 12th Freddy was framing the second floor of one of the new homes when he lost his balance and fell over 20 feet landing on his head fractures several cervical discs in his spine. Freddy filed a workers compensation claim with Acme workers' compensation insurance carrier. Acme defended the claim on the grounds that Freddy was not an employee but was an independent contractor. You are the Judge of Compensation Claims. What factors would you consider in trying to determine if Freddy was an employee vs. an independent contractor and how would you ultimately rule?
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