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Claim of Baum v. Welden

267 A.D. 1020 Court N.Y. App. Div. Decision date 1944-05-10 English

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p. 1020
In the Matter of the Claim of Hazel Baum et al., Respondents, against Herbert E. Welden, Appellant. State Industrial Board, Respondent.

Appeal by a noninsured employer from an award of death benefits made by the State Industrial Board to the widow of a deceased employee under the Workmen’s Compensation Law. Award reversed and claim dismissed on the

p. 1021
ground that the employer was a farmer and the alleged deceased employee" was engaged in the performance of labor incidental to the operation of appellant’s farm and was, therefore, not engaged in a hazardous employment under the Workmen’s Compensation Law. (Workmen’s Compensation Law, § 2, subd. 4; § 3, subd. 1, group 18.) All concur, except HefEernan, J., who dissents. [See post, p. 1032.]