Mill Street Church Of Christ v. Hogan

785 S.W.2d 263 (Ky.App.1990)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Church (D) decided to hire Hogan to paint the church. They also decided that Petty would be hired to assist if any was needed. When Hogan was hired, no mention was made of hiring a helper at that time. Hogan painted by himself until he reached a difficult portion of the building. He discussed hiring a helper, and nothing was said of having to hire Petty. Hogan approached his brother who he had hired in the past on a number of Church jobs and his brother, Sam (P), accepted. The ladder broke, and P was injured and taken to the hospital. The Elders found out about P’s employment at that time. Hogan reported the accident to the treasurer and was told that there was insurance and the treasurer paid his brother for the work performed prior to the accident. It is undisputed that the Church is an insured employer under Workers’ Compensation. P filed a claim under the Act. The Old Board ruled that P was not an employee. The New Board reversed. Petitioners argue that the New Board erred in finding that Hogan possessed implied authority as an agent to hire P. They contend there was neither implied nor apparent authority.