Brookshire Grocery Co. v. Morgan (Majority, with Dissenting)
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The Supreme Court reversed the decision of the Arkansas Workers’ Compensation Commission finding that, at the time of his injury, Deputy Cleon Morgan, Sr., had two employers, Brookshire Grocery Company and the Jefferson County Sheriff’s Department, and holding that all the factors to be considered in determining if Deputy Morgan was an employee or an independent contractor indicated that Morgan was an independent contractor.
On appeal, Brookshire argued that Deputy Morgan, an off-duty sheriff’s deputy, was an independent contractor when he was injured while working part-time for Brookshire, and therefore, Brookshire was not responsible for Deputy Morgan’s workers’-compensation coverage and claims. The Supreme Court reversed after considering the factors set out in section 220 of the Restatement (Second) of Agency and remanded the case to the Commission for further proceedings.
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