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Claim of Domino v. Madison County Construction Co.

268 A.D. 840 Court N.Y. App. Div. Decision date 1944-09-20 English

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p. 840
In the Matter of the Claim of Hazel Domino, Respondent, against Madison County Construction Company et al., Appellants. State Industrial Board, Respondent.

Appeal from a decision and award of death benefits by the State Industrial Board. The sole issue is whether decedent was an employee of the appellant employer. The employer contended that decedent was not an employee but merely had been given an opportunity to demonstrate whether he could, operate a machine known as a digger. ' We think there was sufficient evidence from which the Board might draw the inference of employment. Award affirmed, with costs to the State Industrial Board. All concur.