Young v. Demos
| Decision Date | 04 February 1944 |
| Docket Number | No. 30342.,30342. |
| Citation | 28 S.E.2d 891 |
| Parties | YOUNG. v. DEMOS. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The evidence being conflicting as to whether or not the relationship of employer and employee existed, and there being evidence to support the finding of fact by the State Board of Workmen's Compensation that the claimant was not an employee of the party against whom the claim was filed, the superior court did not err in affirming the award denying compensation.
Error from Superior Court, Fulton County; Frank A. Hooper, Jr., Judge.
Proceeding under the Workmen's Compensation Act by Thomas E. Young, claimant, opposed by N. J. Demos, doing business as Fulton Linen Supply Company, alleged employer. To review a judgment of the Superior Court which affirmed a judgment of the State Board of Workmen's Compensation denying compensation, the claimant brings error.
Affirmed.
Wm. A. Thomas, of Atlanta, for plaintiff in error.
Robt. B. Blackburn, of Atlanta, for defendant in error.
Thomas E. Young filed with the State Board of Workmen's Compensation a claim for compensation against N. J. Demos, doing business as Fulton Linen Supply Company. The director found that the claimant was not an employee of the Fulton Linen Supply Company, and denied compensation. The board sustained the findings of the director, and on appeal, the judge of the superior court affirmed the judgment of the board denying compensation. The exception here is to that judgment.
On the hearing before the director, N. J. Demos testified, in substance, that he was the owner of the Fulton Linen Supply Company; that he did not know the claimant and had never seen him until he saw him on the sidewalk after he was injured; that he never employed the claimant; that after he found the claimant on the sidewalk, he carried him to the hospital; that he made a contract with Louis Pate to paint and hang a sign at his place of business and to paint his trucks, and paid him for doing the work; that he furnished Pate the permit to hang the sign; that he paid Pate $25 for the three jobs of painting the sign, hanging the sign, and painting the truck; that he made the contract with Pate, and never made any contract with the claimant; that he had nothing to do with the claimant and never paid the claimant anything; that he gave Pate money with which to buy some supplies; that he did not object to the claimant working; that the first agreement with Pate was for $15 to paint the sign and trucks; that Pate said he would have to have someone to help him do the work; that after the claimant was injured, Pate brought some man to the building and put up the sign.
Dr. Vetch testified as to the nature and extent of the claimant's injuries.
The claimant testified, in substance, that Louis Pate told him where he could get a job hanging a sign, and that they could go around and talk to the man who wanted the sign hung; that he and Pate went to see N. J. Demos, and Pate told Mr. Demos that he had a man to hang the sign for him, and Mr. Demos said, "all right, you can hang it;" that claimant told Mr. Demos he did not have a permit, and was not a contractor, and Mr. Demos told him to go ahead and he would pay him, and that he had everything needed to hang the sign; that Mr. Demos gave Pate and him money to purchase clamps and wire to use in hanging the sign, and told them the ladder was in the place of business; that they used ladders from the place of business in hanging the sign; that a boy who worked there was to hold the ladder used by the claimant, but he failed to do so, and claimant fell and was injured; that claimant did not have any agreement with Mr. Demos as to payment, and Mr. Demos did not pay him anything; that Pate told him that Mr. Demos paid him $2.25; that claimant did job work, painting signs and weather-stripping; that he did not have any contract with N. J. Demos; that he was employed to hang a sign; that he did not have any agreement as to the price he was to be paid; that he never saw Mr. Demos before he was injured; that he saw Mr. Demos about an hour or two before he was injured; that Mr. Demos was inside the building and told him where to put his sign-kit; that Mr. Demos marked off on the building the place he wanted the sign hung.
Louis Pate testified, in substance, that he introduced the claimant to N. J. Demos, and told him that the claimant was the man to hang the sign, as he could not get a permit; that N. J. Demos had a permit; that he talked with Mr. Demos about having the sign erected, and was told to put it up; that he had no contract to put up the sign, and was not paid anything for putting it up; that the receipt he signed was for the particular...
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