MATTER OF SMITH v. REFRIGERATED FOOD EXPRESS


27 A.D.2d 601 (1966)

In the Matter of the Claim of Chester Smith, Respondent, v. Refrigerated Food Express et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1966


HERLIHY, J.

The board found that there existed a relationship of employer-employee and the appellants contend that the claimant was an independent contractor. The claimant was the operator of a tractor-trailer and hauling articles of the employer when he was involved in an accident. There is substantial evidence in the record to sustain the finding of the board which this court on numerous occasions has referred to as a factual one. (See Matter of...

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