Claim of Clark v. Barr

Appellate Division of the Supreme Court of New York

Claim of Clark v. Barr

251 A.D. 755, 295 N.Y.S. 621, 1937 N.Y. App. Div. LEXIS 7390

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 5, 1937

StatusPublished

This text of 251 A.D. 755 (Claim of Clark v. Barr) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Clark v. Barr, 251 A.D. 755, 295 N.Y.S. 621, 1937 N.Y. App. Div. LEXIS 7390 (N.Y. Ct. App. 1937).

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Opinion

The employer has appealed from an award of compensation in favor of claimant. On December 18, 1933, while engaged in the course of his employment claimant sustained an injury to his right eye which resulted in its total loss of use. The appellant contends that the claimant was either an independent contractor or an employee of an independent contractor and that consequently he is not employed within the meaning of the Workmen’s Compensation Law. The Industrial Board found that claimant was employed by the appellant for the purpose of erecting two bungalows on property owned by the latter and that while so engaged he received the injury for which the award was made. There is evidence to sustain the finding of the Industrial Board. Award unanimously affirmed, with costs to the State Industrial Board. Present—'Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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The employer has appealed from an award of compensation in favor of claimant. On December 18, 1933, while engaged in the course of his employment claimant sustained an injury to his right eye which resulted in its total loss of use. The appellant contends that the claimant was either an independent contractor or an employee of an independent contractor and that consequently he is not employed within the meaning of the Workmen’s Compensation Law. The Industrial Board found that claimant was employed by the appellant for the purpose of erecting two bungalows on property owned by the latter and that while so engaged he received the injury for which the award was made. There is evidence to sustain the finding of the Industrial Board. Award unanimously affirmed, with costs to the State Industrial Board. Present—'Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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Bluebook (online)

251 A.D. 755, 295 N.Y.S. 621, 1937 N.Y. App. Div. LEXIS 7390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-clark-v-barr-nyappdiv-1937.