WSI v. Badger Roustabouts

Citations

• 2021 ND 166

Syllabus

An individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test. Whether a worker is an independent contractor or an employee is a mixed question of fact and law. To be entitled to an award attorney's fees under N.D.C.C. § 28-32-50, a non-agency party must meet a two-part test: 1) the non-administrative agency party must prevail, and 2) the agency must have acted without substantial justification.