Theron Crall v. Arnold Hockman and Lexie

This case is written on recent reassignment. It involves an appeal from a circuit court judgment which set aside an Industrial
Commission award in favor of claimant Crall. The Kansas City Court of Appeals reversed with directions to the Circuit Court
to reinstate the award of the Industrial Commission. On application, we ordered the case transferred and we now decide it
as though on direct appeal to this court. Art. V, 3 and 11, Const. of Mo., 1945. We affirm. The compensation award was for injuries received while claimant was working as a tile setter in a house being constructed
by Lexie S. Wallace and his wife on a lot which they owned by the entirety. The Wallaces did not let a general contract but
instead arranged separately for various persons or firms to perform such things as excavation, carpentry, tile work, heating,
plumbing, electrical work, etc. Most of these were subcontracts and Wallace contends that claimant was an independent contractor.
However, the Industrial Commission found that he was an employee, and there is ample evidence to sustain that finding.