MATTER OF COMM'R OF TAXATION & FIN. v. FISHER


89 A.D.2d 664 (1982)

In the Matter of the Claim of The Commissioner of Taxation and Finance, on Account of Michael Ferry, Deceased, Respondent, v. Brad Fisher et al., Appellants. Workers' Compensation Board, Respondent

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

July 8, 1982


Decedent was employed as a potato picker on the appellant employer's farm. On reporting for work, he was advised that his wages were based on a certain amount per bag of potatoes picked. He was given picking baskets and directed to a row by a field worker. After working about half an hour to 45 minutes and picking three or four bags of potatoes, he became ill. He then handed his filled bags to a co-worker and went to lie down to...

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