Dean v. Johnson — 216 A.D. 773

Majority

p. 773

Before State Industrial Board, Respondent. Leonard Dean, Respondent, v. Roy Johnson, Appellant.

Headnote

Workmen’s compensation — relationship•—■person who has right to engage others to do work and does employ others is independent contractor.

Appeal from an award of the State Industrial Board, made on May 6, 1925.

The record indicates that the claimant, under his contract, might have procured the work to be done by others than himself, and did in fact

p. 774

employ others to this end. As he was not required to provide his own personal services to cut the timber we think he was an independent contractor. All concur. Award reversed and claim dismissed, with costs against the State Industrial Board.