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Busselle v. Wal-Mart1/31/2001
or of the routine/frequent test, that permanent employees of the putative employer would have to perform the work absent the employer's agreement with the independent contractor, also favors our finding that Wal-Mart was the statutory employer of Busselle. Prior to Wal-Mart's decision to have electricians perform the task of changing the ballasts and tubes, which Appellant suggests was "presumably for safety reasons," that work was done by Wal-Mart's regular employees. Even after Wal-Mart hired Busselle to change the ballasts, Wal-Mart would have a regular Wal-Mart employee assist in the task. Denying compensation would be contrary to the legislature's intent in adopting Section 287.040 -- "to prevent employers from avoiding their duties under the Act by contracting out work that their employees would normally do." See Bass at 621.
The award is affirmed.
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