[Download] "Lowell G. Lynskey v. Farris C. Lind" by Supreme Court of Idaho No. 11065 # eBook PDF Kindle ePub Free

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eBook details

• Title: Lowell G. Lynskey v. Farris C. Lind
• Author : Supreme Court of Idaho No. 11065
• Release Date : January 27, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

In 1970 claimant-appellant Lowell G. Lynskey, a carpenter by trade, was employed by the agent of defendant-respondent Farris
C. Lind to assist in and supervise the construction of a home in the mountains near Cascade. On November 30, 1970, Lynskey
was injured while working on this project and thereafter timely filed a notice of injury and claim for compensation pursuant
to the Idaho Workmen's Compensation Law, I.C. § 72-101 et seq. Lind and his surety, defendant-respondent Industrial
Indemnity Company, denied liability. The matter was heard by the Industrial Accident Board[Footnote 1] which heard evidence limited to the issues of whether Lind
was an exempt employer under the statute[Footnote 2] and whether Lynskey was an independent contractor. The Board restricted
its decision to the exemption issue and held that Lind had not had the house built for purposes of pecuniary gain and was
therefore an exempt employer per I.C. § 72-105A(8). Lynskey appeals assigning as error the findings of the Board
to the effect that the Cascade residence was not built for a purpose relating to Lind's business and that it was not built
for pecuniary gain. He asserts these findings were not based on "substantial competent evidence."

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