High Court: Landlord Failed to Rebut Presumption That Tenant Was Employee

The Hawaii Supreme Court held that a landlord failed to rebut the presumption that a tenant who performed maintenance work under a lease agreement was an employee who could pursue a comp claim for injuries sustained after falling from a roof. Brenda Weeks owns 5.5 acres of rental property, including 1 acre with a main house, an apartment, a two-story cabin and a couple of renovated shacks. From 2013 through 2015, James Borrson and his wife rented one of the units. Rental agreements they signed in 2013 and 2014 provided that rent would be offset by in-kind work. The agreement signed in 2...