Hyperlawhypertext legal database Claim of Zeh v. St. Francis De Sales R. C. Church 262 A.D. 1051

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Claim of Zeh v. St. Francis De Sales R. C. Church

262 A.D. 1051 Court N.Y. App. Div. Decision date 1941-10-01 English

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p. 1051
In the Matter of the Claim of Edward Zeh, Respondent, against St. Francis De Sales R. C. Church and United States Fidelity & Guaranty Company, Appellants. State Industrial Board, Respondent.

The employer and its insurance carrier have appealed from a decision of the State Industrial Board and from an award of disability compensation in favor of claimant. On August 29, 1940, while claimant was repairing windows on a school building, owned and operated by the employer, he fell and sustained the injuries for which the award was made. The only issue involved is whether or not claimant was an independent contractor or an employee. The evidence sustains the finding of the Board that he was an employee. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Crapser, Bliss and Hefiernan, JJ., concur; Sehenek, J., dissents and votes to reverse the award and dismiss the claim on the ground that the claimant is an independent contractor.