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MATTER OF CLEARO v. EUROKRAFT CONSTR. CO.

74 A.D.2d 936 (1980)

In the Matter of the Claim of Martin E. Clearo, Appellant, v. Eurokraft Construction Co. et al., Respondents. Workers' Compensation Board, Respondent

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

March 6, 1980

The issue to be resolved is whether at the time of the injury claimant was an employee or acted as an independent contractor. He was to be paid $10 per square of roofing installed with all material supplied by Lucks. No withholding or Social Security taxes were to be deducted, and claimant was authorized to obtain additional help on his own without any direction or control by Lucks. The board has determined that there was no employer...

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