Manfield & Firman Co. v. Manfield

Decision Date05 October 1932
Docket Number14,604
Citation182 N.E. 539,95 Ind.App. 70
PartiesMANFIELD AND FIRMAN COMPANY v. BEN MANFIELD
CourtIndiana Appellate Court

From the Industrial Board of Indiana.

Proceeding under the Workmen's Compensation Act by Ben Manfield alleged employee and claimant, opposed by Manfield & Firman Company, employer. From an award in favor of claimant, the employer appealed.

Reversed.

Chester Y. Kelly and Cooper, Royse, Gambill & Crawford, for appellant.

Charles Fox and Louis D. Leveque, for appellee.

OPINION

LOCKYEAR, J.

The appellant is a corporation doing business in the City of Terre Haute, Indiana. One hundred and ninety-seven shares of the capital stock of the corporation was owned by the appellee, Ben Manfield, and 100 shares by one Frank Firman and two shares by one J. B. Schlossberger.

The business of the corporation was managed by Manfield and Firman; Manfield had the title of secretary and treasurer and Firman, that of president. Manfield received $ 6,800 per year, and Firman $ 6,500 per year, in full for all their services. Schlossberger received nothing, except $ 5 for each director's meeting that he attended. Manfield and Firman divided their time on all work of the corporation; Manfield attended to most of the inside work and Firman did the outside work and, if either of them were sick, the other took up the duties of the one who was sick. The corporation dealt in buying and selling scrap iron and second hand machinery ordinarily known as a junk business.

At the time in question Firman was sick, and, according to the testimony of the appellee, Ben Manfield drove to Peoria, Illinois, in the company's car. One F. Manfield and wife went with him to Peoria. They were on business of the appellant company. On the way to Peoria they stopped at Shelbyville, Illinois, to see how some work of the appellant company had been going on since he had been there three days before. As soon as his inspection was completed, he went on to Peoria on business; the business being the company needed three railroad frogs.

The appellee stayed Saturday night and Sunday in Peoria at the house of one J. Manfield, and on Monday morning, about 6 o'clock, he left Peoria, and on his way back on the morning of November 12, 1930, he met with an accident while driving the appellant's truck as aforesaid, in which accident he suffered the loss of an eye.

The appellee then filed application for adjustment of his claim for compensation before the Industrial Board of Indiana. On the hearing before the full board, compensation was granted the appellee at the rate of $ 16.50 per week for a period of 150 weeks, and all reasonable, necessary medical, surgical, and hospital expenses of the appellee for the first thirty days.

The finding was concurred in by three members of the board, and two members dissented and did not concur in the finding and award.

The errors relied upon call into question the sufficiency of the evidence to sustain the award.

The real question that we want to consider is whether the appellant was an employee under the Workmen's Compensation Act.

The testimony of the appellee upon that question is as stated above, that he was the manager and supervisor and received a salary of $ 6,800 per year as secretary and treasurer. He testified further that he had no superior officer; nobody to supervise his work; he reported to no one; that he supervised all the rest, and was his own boss; went wherever he desired and kept no account of his time; took time off when he wanted to, and made no reports of time put in, and did extra work when it was required. "I did not have to punch a clock," he testified.

One Peter Weaver testified that he was employed by the appellant, and that at the time he was wrecking a gas plant at Shelbyville, Illinois, that it was his duty to supervise the wrecking of the building, and that he received his instructions from Ben Manfield.

One Everett Perkins testified that he was employed by the appellant company and received his instructions from Manfield, and considered him the man in authority.

We have detailed all of the evidence bearing upon that subject.

In the case of In re Raynes (1917), 66 Ind.App. 321, 118 N.E. 387, the same question, as to who is considered an employee, is defined, and, from that case and cases from other states, we can safely say that a person may be a stockholder, and even a director, or an officer of a corporation, and at the same time be an employee and entitled to compensation.

In order to entitle such a person to compensation in a general...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT