BEHNER v. INDUS. COMM.

No. 32080.

154 Ohio St. 433 (1951)

BEHNER ET AL., APPELLEES, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided January 17, 1951.


Attorney(s) appearing for the Case

Mr. Michael S. Cerrezin and Mr. Richard M. Cerrezin, for appellees.

Mr. Herbert S. Duffy, attorney general, Mr. T. Vincent Martin and Mr. Robert W. Reamer, for appellant.


HART, J.

The sole question before this court, as in the Court of Appeals, is whether the decedent Carter was at the time of his death an employee of the transfer company within the meaning and coverage of the Ohio Workmen's Compensation Act.

Whether an individual performing service for another does so as an independent contractor or as an employee is ordinarily a question of fact, the deciding factor being in whom is vested the right of control or superintendence...

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