Kang v. MullinsAnnotate this Case
Yong Kang lived in North Pole and rented a house from her son Benjamin. She once owned the house, but she sold it to Benjamin about nine months before the events underlying this dispute, because, as she explained, she was getting old and did not know how much longer she would be around. Kang lived in the house with her business partner, Chong Sik Kim. The two operated a massage business in the house called Lee’s Massage, and both had business licenses under that name. Kang asked a neighbor for help with major home repairs in exchange for a used pickup truck. The neighbor injured his wrist while working on the house. A few days later the two had a dispute and terminated their arrangement; Kang paid her neighbor $500 for his work. The neighbor later sought medical treatment for his wrist; he also filed a report of injury and a workers’ compensation claim with the Alaska Workers’ Compensation Board. Kang denied liability on several grounds, but the Board decided, after a hearing, that Kang was her neighbor’s employer for purposes of the Alaska Workers’ Compensation Act. Kang appealed to the Alaska Workers’ Compensation Appeals Commission, which affirmed the Board’s decisions. The Alaska Supreme Court held, however, that the evidence did not support a finding that the woman was her neighbor’s employer, and therefore reversed the Commission’s decision.