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STONE v. THORBJORNSON

656 A.2d 1211 (1995)

Ronald S. STONE v. Edward THORBJORNSON, d/b/a A & S Trucking.

Supreme Judicial Court of Maine.

Decided April 10, 1995.

Attorney(s) appearing for the Case

Ralph L. Tucker (orally), Janmarie Toker, McTeague, Higbee, Libner, MacAdam, Case & Watson, Topsham, for employee.

Kevin M. Gillis (orally), Troubh, Heisler & Piampiano, P.A., Portland, for employer.

Before WATHEN, C.J., and ROBERTS, CLIFFORD, RUDMAN, DANA, and LIPEZ, JJ.

ROBERTS, Justice.

Ronald Stone appeals from a decision of the Workers' Compensation Board denying his petition for award based on a finding that Stone was an independent contractor as defined by 39 M.R.S.A. § 2(13) (1989) and therefore not entitled to workers' compensation benefits.1 Because we conclude that the Board's decision is based on a misconception of the applicable legal standard, we vacate the decision of the Board.

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