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State v. Sparks3/1/1999
Natural Gas Processing Co. v. Hull, 886 P.2d 1181, 1185 (Wyo. 1994) (emphasis in original), we quoted this language:
"The control of the work reserved in the employer which effects a master-servant relationship is control of the means and manner of performance of the work, as well as of the result * * *." 41 Am. Jur. 2d Independent Contractors' 8 (1968).
It follows that when the employer has the right of control and can tell the employee not only what to do, but how to do it, that is not one of "the normal activities of day-to-day living." When we examine the factual background of this case, it is clear that the hospital had the right to control the means and manner of the performance of Sparks' tasks as well as the result. We hold that Wyo. Stat. Ann. ยง 27-14-102(a)(xi)(G) does not exclude from coverage those injuries sustained at the workplace when the employer has the right to control the details of the activity in which the employee at that time was engaged.
We affirm the decision of the hearing examiner.
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