In Re the Claim of Kaiser

New York Court of Appeals

In Re the Claim of Kaiser

424 N.E.2d 275, 53 N.Y.2d 949, 441 N.Y.S.2d 441, 1981 N.Y. LEXIS 2501

CourtNew York Court of Appeals

DecidedJune 2, 1981

StatusPublished

Cited by6 cases

This text of 424 N.E.2d 275 (In Re the Claim of Kaiser) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re the Claim of Kaiser, 424 N.E.2d 275, 53 N.Y.2d 949, 441 N.Y.S.2d 441, 1981 N.Y. LEXIS 2501 (N.Y. 1981).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the decision of the Unemployment Insurance Appeal Board reinstated.

Claimant entered into a contract with the respondent Woodmen of the World Life Insurance Society whereby he *951 was to work as a field representative selling insurance and recruiting new members for the society. Under the contract, claimant was required, inter alia, to abide by all the respondent’s rules and regulations and use respondent’s forms to comply with the Insurance Law. Moreover, group medical and health coverage was available to claimant. Most importantly, claimant’s contract with respondent prohibited him from placing insurance for other insurance organizations. (See Matter of Watz [Equitable Life Assur. Soc. of U. S. — Ross], 60 AD2d 259, affd 46 NY2d 876.) In our view, given such indicia of control, there is substantial evidence in the record to sustain the determination of the appeal board that the relationship between claimant and the Woodmen of the World Life Insurance Society was that of employee-employer during the period in question.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the decision of the Unemployment Insurance Appeal Board reinstated.

Claimant entered into a contract with the respondent Woodmen of the World Life Insurance Society whereby he *951 was to work as a field representative selling insurance and recruiting new members for the society. Under the contract, claimant was required, inter alia, to abide by all the respondent’s rules and regulations and use respondent’s forms to comply with the Insurance Law. Moreover, group medical and health coverage was available to claimant. Most importantly, claimant’s contract with respondent prohibited him from placing insurance for other insurance organizations. (See Matter of Watz [Equitable Life Assur. Soc. of U. S. — Ross], 60 AD2d 259, affd 46 NY2d 876.) In our view, given such indicia of control, there is substantial evidence in the record to sustain the determination of the appeal board that the relationship between claimant and the Woodmen of the World Life Insurance Society was that of employee-employer during the period in question.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

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424 N.E.2d 275, 53 N.Y.2d 949, 441 N.Y.S.2d 441, 1981 N.Y. LEXIS 2501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kaiser-ny-1981.

Opinion

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