MATTER OF KAISER


74 A.D.2d 706 (1980)

In the Matter of the Claim of William H. Kaiser, Respondent. Woodmen of the World Life Insurance Society, Appellant; Philip Ross, as Industrial Commissioner, Respondent

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

February 28, 1980


Appellant, a fraternal organization, utilizes full-time commissioned salesmen to recruit members in the society and sell life insurance to the members. The salesmen were termed area managers or field representatives and their services are obtained pursuant to contracts which provide that nothing contained in the contract "shall be construed to create a relationship of employer and employee between the Society". The evidence establishes that the area managers and field representatives...

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