Payne

Statement of the Case

Plaintiff and appellant, Verna Lee Payne (hereinafter appellant), appeals from a judgment after trial de novo in the superior court reversing an order, decision or award of the labor commissioner awarding to appellant, recovery of charges made by defendant and respondent, White House Properties, Inc. (hereinafter respondent), for worker’s compensation insurance

Judgment was entered in favor of respondent, holding appellant was an independent contractor, not an employee, and not entitled to recovery of charges for worker’s compensation insurance.

Facts

Respondent White House Properties, Inc. was a licensed real estate broker and appellant Verna Lee Payne was a licensed real estate salesperson. Approximately November 1, 1976, appellant entered into a contract with respondent entitled Broker-Salesperson Contract whereby appellant received 100 percent commissions earned by her and paid a monthly desk rental fee and expenses incurred by her on her own behalf. This contract, along with respondent’s procedures manual, set forth the terms and conditions of appellant’s relationship with respondent.

Under the Broker-Salesperson Contract, respondent had no…