Our insured is an apartment house owner who recently hired a handyman to assist with the replacement of a cracked ceramic sink bowl in a bathroom. With the insured present and providing guidance, the handyman attempted to remove the sink bowl with various tools. Being unsuccessful he climbed onto the base of the sink and attempted to kick the sink to dislodge the bowl. His leg went through the ceramic bowl, severely injuring his leg.

The handyman has performed odd jobs for the insured for at least twenty years and was compensated by the job. At the end of each year he was provided with the required 1099 form.

The workers compensation carrier, State Fund, has denied the claim, taking the position that the handyman was not an employee of our insured. The adjuster he stated the claimant was not paid a wage, did not receive a W-2, and no withholdings were taken.