Majority
p. 968In the Matter of the Claim of David Baker, Respondent, against Bernard McCaffery and The Fidelity & Casualty Company of New York, Appellants. State Industrial Board, Respondent.
Claimant was injured while cleaning out an oil well. The employer testified he was employed as an employee and not an independent contractor and it would be impossible to let a contract for that kind of work. The evidence supports the award. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, R. J., Crapser, Heffernan, Sehenck and Foster, JJ.