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MATTER OF BAKER v. BURNETT'S CONTRACTING CO., INC.

40 A.D.2d 741 (1972)

In the Matter of the Claim of Ross Baker, Respondent, v. Burnett's Contracting Company, Inc., et al., Appellants, and Pyrofax Gas Corporation et al., Respondents. Workmen's Compensation Board, Respondent

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

October 26, 1972

On September 23, 1965 the claimant was injured while driving a tractor and trailer, filled with liquid propane gas, owned by Pyrofax Gas Corporation. The sole question on this appeal is the assessment of joint liability against Burnett's Contracting Company, Inc., the Pyrofax Gas Corporation having accepted the board's determination as to its liability. The question of the existence of an employment relationship in a given case is factual and thus, the board's determination...

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