McReynolds v. Oklahoma Turnpike Authority, 1955 OK 13, 291 P.2d 341.Dodd v. Rush, 1965 OK 138, 406 P.2d 261.Agee v. Gant, 1966 OK 31, 291 P.2d 341.

" Although not cited in the decision, this court recognized and applied the text rule in Dodd v. Rush, Okla., 406 P.2d 261 (1965). The facts are strikingly similar to the present case, except that in Dodd, the employer admittedly could terminate employment.

Where the relationship of employer and employee is a disputed issue before this Court on review of a decision of the State Industrial Court, the issue is jurisdictional and the Supreme Court will conduct an independent examination of the law and facts to determine whether such relationship exists. Dodd v. Rush, Okla., 406 P.2d 261 (1965); Brewer v. Bama Pie, Inc., Okla., 390 P.2d 500 (1964); Standard Magnesium Co. v. Cotner, Okla., 332 P.2d 1 (1958). Claimant was the owner of his own truck and engaged in the activity of hauling railroad ties from the work site of Ron-Jon to Ron-Jon's storage facilities in Tulsa, Oklahoma. Claimant would go to the site of the job and would assist in the removal of salvage railroad ties, which would be stacked and loaded onto his truck.

This court has held where the relationship of employer and employee forms a disputed issue on review the Supreme Court will weigh the evidence contained in the record and undertake an independent evaluation of both law and facts to establish the presence or absence of such relation. Dodd v. Rush, Okla., 406 P.2d 261; Brewer v. Bama Pie, Inc., Okla., 390 P.2d 500; Williams v. Branum, 192 Okla. 129, 134 P.2d 352. Claimant testified that under his agreement with Cole he was paid approximately One Dollar and Seventy-five cents ($1.75) an hour; that he was paid on a weekly basis, and he thought it was Seventy-Five ($75.00) per week. He worked eight hours per day for five and one-half days each week. Claimant further testified that Cole's Upholstering repaired, upholstered, and refinished furniture.

On review, the appellate court will conduct an independent examination of the law and facts to determine whether such relationship exists. Dodd v. Rush, 406 P.2d 261 (Okla. 1965). Title 85 O.S. 1981 § 11[ 85-11], makes a "principal employer" liable for compensation to the injured employee of a subcontractor or independent contractor, or another employee engaged in their business.

The parties agree that the decisive test for determining whether a person is an employee or an independent contractor is the right to control the physical details of the work. Dodd v. Rush, Okla., 406 P.2d 261 (1965). To determine if a person is a servant or an independent contractor, one must look to the facts of each case.