Gross v. Ames Drywall Construction

Insurance Company

Maine Employers' Mutual Insurance Company

Date Decided

August 16, 2013

Panel Members

Garry Greene

Sue Jerome

Evelyn Knopf


Independent Contractor


Contractor Employee v. Contractor §105 (1-A)

File Size

88 KB


Summary from the Troubh Heisler Attorneys

Mr. Gross appealed HO Stovall's decision denying his Petition for Award on the grounds that he was an independent contractor. Mr. Gross had previously obtained a predetermination from the Board under §105 (1-A) that he was an independent contractor and not an employee, but this only established a rebuttable presumption of those facts.

At the same time, the statute contained a contrary presumption that Mr. Gross was an employee and not an independent contractor. The appellate panel vacated HO Stovall's decision and remanded the case for additional proceedings to determine how the competing presumptions should be applied.

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