Germann contends applicant was not his employee but an independent contractor and therefore Germann is not liable for payment to applicant for workers' compensation benefits. Rodriguez gave Germann a list of contractors and Germann looked up others in the 'yellow pages. 'Although Germann was present when applicant was doing the work, Germann at no time told applicant how to do the job. Germann would carry lumber and applicant acknowledged that on occasion applicant told Germann what lumber to carry and where to carry it. Applicant charged Germann an hourly wage higher than union scale as Germann was not paying 'health and welfare or vacation. '

Download full case here.