MATTER OF HILL v. THOMPSON


61 N.Y.2d 1018 (1984)

In the Matter of the Claim of Edgar L. Hill, Respondent, v. Robert E. Thompson et al., Respondents. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1984.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Howard B. Friedland, Peter H. Schiff, Carlin Meyer and Reed Brody of counsel), for appellant.

John James Berry and Robert J. Chojnacki for Uninsured Employers' Fund, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the decision of the Workers' Compensation Board reinstated (see 91 A.D.2d 1082).

The evidence concerning whether the claimant comes within the exclusion from employment status set forth in subdivision 4 of section 2 of the Workers' Compensation Law is undisputed and the inferences drawn by the Workers...

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