Decision

Decision  William Stone v. All Seasons Painting and Decorations

Date: 07/14/2011
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 018409-08
Location: Boston
  • Employee: William Stone
  • Employer: All Seasons Painting and Decorations
  • Insurer: Hartford Insurance Company

KOZIOL, J. The claimant, William Stone, appeals from a decision denying and dismissing his claim on the ground he was not an employee of All Seasons Painting and Decorating, or its subcontractor, Robert Beaumier.1 We affirm the decision insofar as it determined Beaumier was an independent subcontractor of All Seasons Painting and Decorating; however, we vacate the judge’s determination that the claimant and Beaumier were partners. We recommit the case for a hearing de novo concerning the nature of the relationship between Beaumier and Stone, and, if necessary, addressing the applicability of G. L. c. 152, § 18,2 as well as the other issues raised by the parties.

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1 Throughout the decision, the judge incorrectly refers to Mr. Beaumier (Tr. 20) as Mr. Beauvier.

2 General Laws c. 152, § 18, provides, in relevant part:

If an insured person enters into a contract, written or oral, with an independent contractor to do such person’s work, or if such a contractor enters into a contract with a sub-contractor to do all or any part of the work comprised in such contract with the insured, and the insurer would, if such work were executed by employees immediately employed by the insured, be liable to pay compensation under this chapter to those employees, the insurer shall pay to such employees any compensation which would be payable to them under this chapter if the independent or sub-contractors were insured persons. . . . This section shall not apply to any contract of an independent or sub-contractor which is merely ancillary and incidental to, and is no part of or process in, the trade or business carried on by the insured, nor to any case where the injury occurred elsewhere than on, in or about the premises on which the contractor has undertaken to execute the work for the insured or which are under the control or management of the insured.

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