(Download) "Grief v. Industrial Acc. Fund" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Grief v. Industrial Acc. Fund
- Author : Supreme Court of Montana
- Release Date : January 13, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Master and Servant ? Workmens Compensation ? Facts Under Which Operator of Automobile Wrecker Service may Become Entitled to Benefits of Workmens Compensation Act ? Independent Contractors ? Liberal Construction of Act. Workmens Compensation ? Operator of Wrecker Service Station Called to Assist in Extricating Trailer of Highway Construction Company from Ditch Held to Fall Within Provisions of Workmens Compensation Act. 1. Where an operator of a wrecker service and garage was called upon in the night-time by an employee of a highway construction company, who had authority to do so when circumstances demanded, to assist in righting a trailer on which a heavy piece of road machinery was loaded and which had turned over in a ditch, and during the righting operation conducted under the direction and supervision of the companys employee, with the companys truck, the wrecker having proved unequal to the task, the service operator, while engaged in signaling passing automobiles, as he was directed to do, was struck by a car and killed, was for the time an employee of the company and not an independent contractor, and his widow was entitled to compensation for his death under the Workmens Compensation Act. Master and Servant ? When Employee a Servant and not an Independent Contractor. 2. An employee who in doing work submits himself to the direction of the employer, both as to the details and the means by which it is accomplished, is a servant and not an independent contractor. Same ? Payment for Services ? Advance Agreement as to Price Indicates Relationship of Independent Contractor ? Inapplicability of Rule in Instant Case. 3. While ordinarily an agreement in advance as to the price of a certain service to be performed or for the securing of a certain result without regard to the length of time consumed in its performance is a strong indication of the independent contractor relationship, in the instant case there was no fixing of price, but no more than that the alleged contractor simply stated over the telephone that the cost of assisting in extricating the trailer from the ditch would be about six dollars. - Page 520 Workmens Compensation Act ? Provisions to be Liberally Construed in Favor of Claimant. 4. Under section 2964, Revised Codes, the provisions of the Workmens Compensation Act must be liberally construed, which has been held by the supreme court to mean liberally construed in favor of the claimant.