Mill Street Church of Christ v. Hogan

Mill Street Church of Christ (defendant) routinely hired Bill Hogan to paint and maintain its building and had previously allowed him to hire his brother Sam Hogan (plaintiff) as an assistant, though no helper was discussed when Church Elder Dr. Waggoner hired Bill again in 1986. Once Bill reached a point in the job he could not finish alone, he raised the need for a helper with Waggoner, who acknowledged the difficulty of reaching an alternative candidate; the next day, Bill hired Sam, who was injured falling half an hour into the job, and the Church treasurer later paid Bill for all hours worked, including Sam's half hour. When Sam filed a workers' compensation claim, the Old Board denied it on the ground he was not a Church employee, but the New Board reversed, finding Bill had implied authority as the Church's agent to hire Sam.