Supreme Court Upholds Award to Injured Worker, Finding He Qualified as 'Employee'

The West Virginia Supreme Court upheld an award of benefits to a worker for an arm injury, finding he was an employee, not an independent contractor, at the time of the accident. Roger Ellis, the owner of Green Tek Building Solutions Inc., sought an exemption from workers' compensation coverage with the West Virginia Office of Insurance Commissioner in March 2013, stating that his company used only subcontractors. The WVOIC granted the request for exemption from maintaining workers' compensation insurance until May 28, 2014, or until circumstances changed. In May 2015,...