Claim of Cooley v. Caputo

Appellate Division of the Supreme Court of New York

Claim of Cooley v. Caputo

272 A.D.2d 985

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

DecidedSeptember 17, 1947

StatusPublished

This text of 272 A.D.2d 985 (Claim of Cooley v. Caputo) 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 Cooley v. Caputo, 272 A.D.2d 985 (N.Y. Ct. App. 1947).

Pincite

Opinion

This is an appeal by the alleged employer and insurance carrier from an award of death benefits consisting of $200 funeral expenses to the administratrix of the estate of the deceased employee, and $2,000 to the Special Fund under section 15, subdivisions 8 and 9, and section 25-a of the Workmen’s Compensation Law, there being no dependents. The deceased employee was employed as a carpenter and while engaged in his employment, repairing a roof, he fell to the ground and sustained injuries resulting in his death on November 17, 1944. The sole issue raised on this appeal is whether the decedent was an employee or independent contractor. The Board found that at the time of the accidental injuries and death, the decedent was an employee and not an independent contractor. The evidence sustains the finding of the board. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.

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This is an appeal by the alleged employer and insurance carrier from an award of death benefits consisting of $200 funeral expenses to the administratrix of the estate of the deceased employee, and $2,000 to the Special Fund under section 15, subdivisions 8 and 9, and section 25-a of the Workmen’s Compensation Law, there being no dependents. The deceased employee was employed as a carpenter and while engaged in his employment, repairing a roof, he fell to the ground and sustained injuries resulting in his death on November 17, 1944. The sole issue raised on this appeal is whether the decedent was an employee or independent contractor. The Board found that at the time of the accidental injuries and death, the decedent was an employee and not an independent contractor. The evidence sustains the finding of the board. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.

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Bluebook (online)

272 A.D.2d 985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cooley-v-caputo-nyappdiv-1947.