[DOWNLOAD] "Linda J. Heath Tuma v. William J" by Supreme Court of Idaho No. 14516 ~ Book PDF Kindle ePub Free

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• Title: Linda J. Heath Tuma v. William J
• Author : Supreme Court of Idaho No. 14516
• Release Date : January 14, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This case is an appeal from a ruling of the Idaho Industrial Commission on the sole issue of whether appellant (employer) may claim an exemption from liability under the Idaho Workmen's Compensation Act. Respondent (employee) was injured while on appellant's premises on September 29, 1980, and subsequently petitioned the Idaho Industrial Commission for compensation pursuant to the Workmen's Compensation Act. Appellant contended that he was exempted from liability on the following theories: (1) appellant's thoroughbred horse business was an exempt activity under I.C. § 72-212(8), as an agricultural pursuit; (2) respondent was an independent contractor as defined by I.C. § 72-102(13); and (3) respondent's employment was casual pursuant to I.C. § 72-212(2). Appellant appeals from the Industrial Commission's finding that he was not exempt from liability under the Workmen's Compensation Act, and thus was required to pay compensation to respondent. We affirm the order of the Industrial Commission. Appellant owns and operates Fantasy Thoroughbred Farms. At the time of the hearing, thirty acres of the 110-acre farm were used to conduct a thoroughbred horse operation, with the remainder leased to third parties. Appellant had approximately sixty thoroughbred horses at his farm including stallions, brood mares, yearlings, and twenty to twenty-five horses used specifically for racing. He had been raising horses for approximately thirty years. Appellant testified that approximately 50% of the farm revenue stemmed from winning races with his horses, and the other 50% from the sale of horses that were not to be used in the racing operation. In addition to owning and conducting the thoroughbred business, appellant was employed full time at an outside venture.

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