MATTER OF BEDDER v. GAMBARDELLA


49 A.D.2d 968 (1975)

In the Matter of the Claim of George F. Bedder, Respondent, v. Thomas Gambardella, Jr., Doing Business as Gambardella Rental Service, Appellant. Workmen's Compensation Board, Respondent

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

October 23, 1975


Appellant owned and operated a car rental business which supplied automobiles, with or without drivers, principally to funeral establishments. Claimant had driven vehicles owned by appellant in funerals for three weeks prior to his injury. Appellant contends that claimant was an independent contractor rather than an employee. It is well settled that various factors such as the right to control the work, the furnishing of equipment, the right to fire and the relative nature...

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