01-1422 B & P Drywall, et al. v. Labor and Industry Review Commission, et al.

By: dmc-admin//May 13, 2002//

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B & P Drywall and its insurer appeal a judgment affirming a decision of the Labor and Industry Review Commission that determined Stanley James was an employee, not an independent contractor, at the time he fractured his heels, and that his compensation should be based on his average weekly wage of $700. B & P argues that James met the nine-part test for independent contractors set out in Wis. Stat. sec. 102.07(8)(b) (1999-2000) as a matter of law, and that James’s compensation should be based on “the usual going earnings in James’s field” rather than his actual average earnings.

We reject these arguments and affirm the judgment.

This opinion will not be published.

Dist III, Menominee County, Schmidt, J., Per Curiam

Attorneys:

For Appellant: Jeffrey J. Strande, Wausau

For Respondent: Lowell E. Nass, Madison; Stuart J. Spaude, Appleton

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