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KERNS TRUCKING, INC. v. WHITESIDE

2040212.

934 So.2d 383 (2005)

KERNS TRUCKING, INC. v. Kathy WHITESIDE.

Court of Civil Appeals of Alabama.

November 23, 2005.

Attorney(s) appearing for the Case

Anna-Katherine Bowman of Huie, Fernambucq & Stewart, LLP, Birmingham, for appellant.

Kenneth E. Riley of Farris, Riley & Pitt, L.L.P., Birmingham, for appellee.

CRAWLEY, Presiding Judge.

This is a workers' compensation case. This appeal concerns whether Kathy Whiteside ("the worker") was an employee of Kerns Trucking, Inc. ("the company"), at the time she was injured. Specifically, the issue is whether the company is excluded by definition from being the worker's employer under Ala.Code 1975, § 25-5-1(4).

The record indicates that at the time of her injury on May 2, 2001, the worker was operating a dump truck...

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