Pinter (D) hired Frisby (P) to perform metal erection of a maintenance building for Heber Light and Power. P and D entered into an oral agreement which provided that D would pay 10 percent of the total price to start work and the remaining $25,000 was to be paid in two lump sums. P and D made no agreements regarding the hiring or paying of any of P's employees. P fell from a twelve-foot scaffold and severely injured himself. He is now a quadriplegic. P applied to the Industrial Commission to determine his entitlement to worker's compensation benefits. They ruled for P and deemed P an employee of D. D appealed.

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