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Matter of Challis v. National Producing Co. Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 11, 1949
275 App. Div. 877 (N.Y. App. Div. 1949)

Opinion

May 11, 1949.

Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ.


Appeal by an uninsured employer from a schedule award made in favor of the widow of a deceased employee for 40% permanent loss of use of his right leg. The sole issue raised on appeal was whether decedent was an employee or independent contractor. He was employed by the appellant under a written contract in which he was classified as an independent contractor. His occupation was that of a clown and, at the time of his injury, he was working in a circus at Buffalo, New York. The board has found that decedent was an employee and not an independent contractor. There is evidence to indicate that he was under some degree of supervision and control by the alleged employer and we cannot say as a matter of law that the finding of the board is not sustained by the evidence. Award unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of Challis v. National Producing Co. Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 11, 1949
275 App. Div. 877 (N.Y. App. Div. 1949)
Case details for

Matter of Challis v. National Producing Co. Inc.

Case Details

Full title:In the Matter of the Claim of JULIA CHALLIS, Respondent, against NATIONAL…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 11, 1949

Citations

275 App. Div. 877 (N.Y. App. Div. 1949)

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