Scott v. Waccamaw Lumber Co.

• Decision Date: 24 May 1950
• Docket Number: No. 676,676
• Citation: 59 S.E.2d 425,232 N.C. 162
• Court: North Carolina Supreme Court
• Parties: SCOTT et al. v. WACCAMAW LUMBER CO. et al.

Page 425

59 S.E.2d 425

232 N.C. 162

SCOTT et al. v. WACCAMAW LUMBER CO. et al.

No. 676

Supreme Court of North Carolina.

May 24, 1950

L. J. Britt and McLean & Stacy, Lumberton, for plaintiffs, appellees.

David M. Britt, Fairmont, for defendants, Waccamaw Lumber Co. and Employers Mutual Liability Ins. Co. of Wisconsin, appellants.

ERVIN, Justice.

An injured person, or his dependent of next of kin, is entitled to compensation under the North Carolina Workmen's Compensation Act only if he is an employee of the party from whom compensation is claimed at the time of his injury or death. G.S. § 97-2. For this reason, the injured employee of an independent contractor, or his dependent or next of kin, can not recover compensation from the employer of the independent contractor. Beach v. McLean, 219 N.C. 521, 14 S.E.2d 515.

The deceased was working under the direction of Milligan at the time of his fatal injury. This being true, this proceeding turns on whether Milligan was then acting as an independent contractor or as a mere supervisory employee of the Waccamaw Lumber Company. The Industrial Commission resolved this crucial question of fact in favor of the plaintiffs, and the appellants challenge the validity of the ensuing award by assignments of error asserting that there was no competent evidence before the Industrial Commission to support its essential findings that Milligan operated the sawmill as a supervisory employee of the Waccamaw Lumber Company rather than as an independent contractor, and that the deceased was an employee of the Waccamaw Lumber Company rather than an employee of Milligan at the time of his injury and death.

The question whether one employed to perform specified work for another is to be regarded as an independent contractor, or as an employee within the operation of the Workmen's Compensation Act is determined by the application of the ordinary common-law tests. 58 Am.Jur., Workmen's Compensation, section 138.

An independent contractor is one who exercises an independent employment, and contracts to do specified work for another by his own methods without subjection to the control of his employer, except as to the result of his work. His one indispensable characteristic is that he contracts to do certain work, and has the right to control the manner or method of doing it. The test to be applied in determining whether the relationship of the parties under a contract for the performance of work is that of employer and employee, or that of employer and independent contractor is whether the party for whom the work is being done has the right to control the worker with respect to the manner or method of doing the work, as distinguished from the right merely to require certain definite results conforming to the contract. If the employer has the right of control, it is immaterial whether he actually exercises it. Brown v. Bottoms Truck Lines, 227 N.C. 299, 42 S.E.2d 71; Hayes v. Board of Trustees of Elon College, 224 N.C. 11, 29 S.E.2d 137; Lassiter v. Cline, 222 N.C. 271, 22 S.E.2d 558; Graham v. Wall, 220 N.C. 84, 16 S.E.2d 691; Beach v. McLean, supra; Kesler Construction Co. v. Dixson Holding Corporation, 207 N.C. 1, 175 S.E. 843; Bryson v. Gloucester Lumber Co., 204 N.C. 664, 169 S.E. 276; Inman v. Gulf Refining Co., 194 N.C. 566, 140 S.E. 289; Aderholt v. Condon, 189 N.C. 748, 128 S.E. 337; Cole v. City of Durham, 176 N.C. 289, 97 S.E. 33, 11 A.L.R. 560; Gadsden v. Craft & Co., 173 N.C. 418, 92 S.E. 174, 20 A.L.R. 662; Patrick v. Giant Lumber Co., 164 N.C. 208, 80 S.E. 153; Johnson v....