McGee v. Koontz
| Decision Date | 01 November 1950 |
| Docket Number | No. 7681,7681 |
| Citation | 223 P.2d 686,70 Idaho 507 |
| Parties | McGEE v. KOONTZ et al. |
| Court | Idaho Supreme Court |
J. H. Felton and William J. Jones, Lewiston, for appellant.
Martin V. Huff, Moscow, for Koontz.
Abe McGregor Goff, Moscow, for Gohrman.
On November 17, 1949, Gerald McGee, Claimant, appellant here, while working in an industry covered by Workmen's Compensation Law, I.C. § 72-101 et seq., sustained an injury rendering him totally and permanently disabled. Claim was filed with the Industrial Accident Board against Gerald Koontz, employer, and an award was made. The liability of Koontz is not disputed.
Thereafter, claim was made against respondent Gohrman, and a hearing had as to his liability as an employer, if any there was. Gohrman denied liability.
The question presented by this appeal is whether or not Gohrman was an employer of the injured workman at the time of the injury within the meaning of the Workmen's Compensation Act.
The Board held that Gohrman was not the employer and dismissed the claim as to him. From the order of dismissal appellant appealed.
The pertinent facts are: In 1948 Koontz became indebted to Gohrman for money loaned. At Koontz' solicitation Gohrman purchased a small sawmill and some timber land near Emida, Idaho, and thereafter, he employed Koontz to manage the enterprise and deliver the processed lumber to Spokane. He secured Workmen's Compensation with the State Insurance Fund. During the season of 1948 he lost money on the enterprise and abandoned the operation and caused the machinery to be hauled to Spokane. He notified the State Insurance Fund that he had discontinued the operation and canceled the insurance. In 1949 Koontz, without the consent or knowledge of Gohrman, caused the machinery and equipment to be hauled to Emida, Idaho, where he set up the mill on Gohrman's land, and engaged in the manufacture of lumber. On August 1, 1949, by a conditional sales contract, Gohrman sold the mill, machinery and equipment to Koontz for a consideration of $16,000.00, payable at the rate of $200.00 per month. Koontz also purchased and installed additional machinery and equipment for the operation.
To further secure the indebtedness which was acknowledged to exist, the defendant, Koontz, thereafter executed a chattel mortgage covering the lumber and a second chattel mortgage was executed November 28, 1949, covering the articles described in the conditional sales contract and other articles.
Although advised to do so by Gohrman, Koontz failed to secure workmen's compensation coverage.
Gohrman at no time during the operation of 1949 hired, paid, directed, or discharged the men, and had no control over Koontz' operation, nor did he share in the profits or become liable for the losses.
The only time that Gohrman was at the mill during the operation of 1949 was on Sundays to get lumber which was credited on the indebtedness of Koontz. At the time of the injury, appellant had worked for Koontz approximately three weeks.
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Miller v. Bingham County
...v. Schmidt Bros., 66 Idaho 30, 154 P.2d 171; Herman v. Coeur d'Alene Hardware & Foundry Co., 69 Idaho 423, 208 P.2d 167; McGee v. Koontz, 70 Idaho 507, 223 P.2d 686; Limprecht v. Bybee, 76 Idaho 293, 281 P.2d The award of the Industrial Accident Board is affirmed. Costs to respondent. PORTE......
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Tucker v. Union Oil Co. of California
...such elements as ownership of the premises, proprietorship, virtual proprietorship, and management of the business. See McGee v. Koontz, 70 Idaho 507, 223 P.2d 686 (1950); Moon v. Ervin, 64 Idaho 464, 133 P.2d 933 (1943); Jones v. Packer John Mines Corp., 60 Idaho 653, 95 P.2d 572 (1939). A......
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Rhodes v. Sunshine Min. Co.
...such elements as ownership of the premises, proprietorship, virtual proprietorship, and management of the business. See McGee v. Koontz, 70 Idaho 507, 223 P.2d 686 (1950); Moon v. Ervin, 64 Idaho 464, 133 P.2d 933 (1943); Jones v. Packer John Mines Corp., 60 Idaho 653, 95 P.2d 572 (1939). A......
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Russell v. City of Idaho Falls
...52 Idaho 170, 16 P.2d 221; Moon v. Ervin, 64 Idaho 464, 133 P.2d 933; Gifford v. Nottingham, 68 Idaho 330, 193 P.2d 831; McGee v. Koontz, 70 Idaho 507, 223 P.2d 686. The trial court properly granted the motion for a directed verdict in favor of the Second: Appellants assign error of the tri......