John A. Lindsey v. Smith and Johnson

The basic issue in this workers compensation case is whether plaintiff, a carpenter by trade, was an employee of the company for which he was framing houses when he was injured. The trial Judge found that plaintiff was a partner in a subcontracting partnership which was working for defendant general contractor who had reserved the right to direct and control his subcontractors. The trial Judge held that the partnership, with its three employees, was not large enough to be covered by workers compensation insurance and, additionally, that partners were not covered by the workers compensation law. Plaintiff complaint was dismissed with prejudice. The case then came to this Court on direct appeal. We affirm the trial Judge, employing different reasoning but reaching the same result.