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SHERWIN-WILLIAMS CO. v. ESCUADRA

No. A96A1979.

482 S.E.2d 505 (1997)

224 Ga. App. 894

SHERWIN-WILLIAMS COMPANY et al. v. ESCUADRA.

Court of Appeals of Georgia.

February 27, 1997.

Attorney(s) appearing for the Case

Drew, Eckl & Farnham, John G. Blackmon, Jr., Marion M. Handley, Atlanta, for appellants.

Robert E. Bourne, C. Edgar Gilliam, Jr., Roswell, for appellee.

BLACKBURN, Judge.

This appeal addresses whether the sole proprietor of a business which operates as a subcontractor may be considered an "employee" of the subcontractor for purposes of the workers' compensation statutory employer provisions of OCGA § 34-9-8. Felipe Escuadra worked as a subcontractor and independent contractor for Sherwin-Williams. He was injured on the job. A carpet layer, Escuadra had his own trucks and tools and "three or four employees." He...

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