Gross v. Ames Drywall Construction
Maine Employers' Mutual Insurance Company
March 10, 2016
Independent Contractor Employee Definition Subcontractor §105-A §102(13)
Summary from the Troubh Heisler Attorneys
The panel upheld Judge Stovall’s denial of benefits because Gross was not Ames' employee. He ruled that the determination of whether a person is a "construction subcontractor" or an "employee" is governed by §105-A, and not by §102(13), which governs only pre-determinations of independent contractor status. Given the apparent conflicting presumptions in §105-A, however, the panel upheld Judge Stovall's decision not to apply either "presumption" but instead to require Gross to prove that he was Ames’ employee. Judge Stovall discounted the credibility of Gross’s testimony, however, even though he was the only witness, and the panel upheld an ALJ’s authority to do so.