Larabee v. Jafari
Larabee v. Jafari
Opinion of the Court
This is an appeal from an order of dismissal on rehearing entered by the Nebraska Workers’ Compensation Court. In entering its order the Workers’ Compensation Court
Furthermore, we have held that in testing the sufficiency of the evidence to support the findings of fact made by the Nebraska Workers’ Compensation Court after rehearing, the evidence must be considered in the light most favorable to the successful party. Every controverted fact must be resolved in favor of the successful party, and the successful party is given the benefit of every inference that can reasonably be drawn from the evidence. See Hollinger v. Consolidated Motor Freight, 223 Neb. 449, 390 N.W.2d 518 (1986).
We have reviewed the record and have determined that we cannot say as a matter of law that Larabee was an employee. Instead, consideration of all of the facts in the case could lead a court to conclude that Larabee was an independent contractor. See Gregg v. Challburg, 217 Neb. 143, 347 N.W.2d 559 (1984). Being unable, therefore, to say as a matter of law that Larabee was an employee, we affirm the decision of the Workers’ Compensation Court.
Affirmed.
Reference
- Full Case Name
- Charles (Dan) Larabee v. Lafi Jafari
- Status
- Published