Gross v. Ames Drywall Construction

Insurance Company

Maine Employers' Mutual Insurance Company

Date Decided

March 10, 2016

Panel Members

Timothy Collier

Sue Jerome

Tom Pelletier


Independent Contractor


Independent Contractor Employee Definition Subcontractor §105-A §102(13)

File Size

192 KB


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.

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