MATTER OF HILL v. THOMPSON


91 A.D.2d 1082 (1983)

In the Matter of the Claim of Edgar L. Hill, Respondent, v. Robert E. Thompson, Respondent, and Uninsured Employers' Fund, Appellant. Workers' Compensation Board, Respondent

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

January 6, 1983


Subdivision 4 of section 2 of the Workers' Compensation Law provides, in part, that "[t]he term `employee' shall not include persons engaged by the owner in casual employment consisting of yard work, household chores and making repairs to or painting in and about a one-family owner-occupied residence". The board has found that since claimant was doing carpentry work on a two-family house, the above-quoted exclusion did not apply. On appeal, the Uninsured Employers' Fund contends...

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