Claim of Green v. Alert Contracting Co.

Appellate Division of the Supreme Court of New York

Claim of Green v. Alert Contracting Co.

256 A.D. 864, 9 N.Y.S.2d 78, 1939 N.Y. App. Div. LEXIS 5172

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

DecidedJanuary 18, 1939

StatusPublished

This text of 256 A.D. 864 (Claim of Green v. Alert Contracting Co.) 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 Green v. Alert Contracting Co., 256 A.D. 864, 9 N.Y.S.2d 78, 1939 N.Y. App. Div. LEXIS 5172 (N.Y. Ct. App. 1939).

Pincite

Opinion

Appeal from an award of the State Industrial Board, noticed August 26, 1938. Claimant was engaged in repairing a truck owned by him, at the World’s Fair grounds at Flushing, where the Alert Contracting Co., Inc., had a contract for moving dirt and ashes. Claimant reported, with his truck, at eight o’clock in the morning and worked until four-thirty in the afternoon, in drawing materials, as his truck was loaded, and dumping them as directed. The claimant was to receive a fixed sum for his work and his truck, from which an amount was deducted by the company to pay for compensation insurance to comply with the Workmen’s Compensation Law and for its own protection. In its first report of injury the company described claimant as “ Hired Truck Driver,” and stated that was his regular occupation, and that he received wages at eighty-seven and one-half cents per hour, seven dollars per day, and thirty-five dollars per week, of five days. It is clear that the claimant was under the control of the company during the hours of work. The evidence justified the Btoard in holding that the claimant was an employee and not an independent contractor. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

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Appeal from an award of the State Industrial Board, noticed August 26, 1938. Claimant was engaged in repairing a truck owned by him, at the World’s Fair grounds at Flushing, where the Alert Contracting Co., Inc., had a contract for moving dirt and ashes. Claimant reported, with his truck, at eight o’clock in the morning and worked until four-thirty in the afternoon, in drawing materials, as his truck was loaded, and dumping them as directed. The claimant was to receive a fixed sum for his work and his truck, from which an amount was deducted by the company to pay for compensation insurance to comply with the Workmen’s Compensation Law and for its own protection. In its first report of injury the company described claimant as “ Hired Truck Driver,” and stated that was his regular occupation, and that he received wages at eighty-seven and one-half cents per hour, seven dollars per day, and thirty-five dollars per week, of five days. It is clear that the claimant was under the control of the company during the hours of work. The evidence justified the Btoard in holding that the claimant was an employee and not an independent contractor. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

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Bluebook (online)

256 A.D. 864, 9 N.Y.S.2d 78, 1939 N.Y. App. Div. LEXIS 5172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-green-v-alert-contracting-co-nyappdiv-1939.