Claim of Domino v. Madison County Construction Co.

268 A.D. 840, 50 N.Y.S.2d 471, 1944 N.Y. App. Div. LEXIS 3708

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 20, 1944
• Status: Published

Opinion

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.