Therefore, I find the two men were performing scraping, priming, and painting work for the employer on and before July 7 at the 2419 property. In addition, they expected to paid for this work. Right to, or the existence of, control The court requires direct evidence of the right to, or the existence of, control. Trabosh v. Washington County, supra. Direct evidence is defined as evidence in the form of testimony from a witness who actually saw, heard or touched the subject of interrogation.
Hearsay evidence is admissible in safety proceedings.
However, it is questionable hearsay statements can be properly considered direct evidence. An additional problem is that the hearsay evidence derived from Leonid Koroteev, a Russian immigrant. This raises questions regarding the reliability of the hearsay statements. At the initial set the defendant brought Leonid with him to the hearing to testify. Lacking a qualified Russian interpreter, among other reasons, the hearing did not go forward.