HENSON v. HOW FOUNDATION-STATE INS. FUND

No. 90650.

970 P.2d 604 (1998)

1998 OK 114

Robert HENSON, Petitioner, v. HOW FOUNDATION-STATE INSURANCE FUND, and HOW Foundation-Own Risk, and Bob Jenkins, and Select Home Sites-State Insurance Fund, and the Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

November 24, 1998.


Attorney(s) appearing for the Case

Gus Farrar, Farrar & Farrar, Tulsa Oklahoma, for Petitioner.

Kevin D. Berry, Andrew D. Downing, Rhodes Hieronymus, Jones, Tucker & Gable, Tulsa, Oklahoma for Respondent, HOW Foundation, and the State Insurance Fund.

Shelly L. Dalrymple, Doerner, Saunders, Daniel & Anderson, Tulsa, Oklahoma, for Respondent, HOW Foundation, Own risk.

Lawrence D. Taylor, for Respondent, Bob Jenkins; James B. Durant, Pierce, Couch, Hendrickson, Baysinger & Green, Tulsa, Oklahoma, for Respondents, Select Home Sites and the State Insurance Fund.


WATT, Justice:

¶ 1 Respondent, Bob Jenkins, seeks certiorari to review an opinion of the Court of Civil Appeals, Division 4. Jenkins claims that Petitioner, Robert Henson, was not an "employee" as that term is defined by Subdivision 6 of 85 O.S. Supp.1997 § 3.1 for the reasons set forth in the balance of this opinion we hold that Henson was not Jenkins' employee under the Workers' Compensation Act.

FACTS

¶...

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