Leona Seal, Personal Representative of the Estate of Nicholson J. Tinker v. Mark C. Welty D/B/A North Country Services

Summary

The court held that whether Tinker was an employee or an independent contractor under the Workers’ Compensation Act is a mixed question of law and fact for the court, not the jury, to decide. That determination must occur as a preliminary matter before the negligence trial because it affects the available claims, defenses, and burdens of proof, although the superior court had subject matter jurisdiction and could not rely on Rule 12 to require the hearing. The court reversed the order submitting employee status to the jury and remanded for further proceedings.