BARNHARDT v. HUDSON VALLEY DIST. COUNCIL OF CARPENTERS BENEFIT FUNDS


114 A.D.2d 701 (1985)

Gerald Barnhardt, Respondent, v. Hudson Valley District Council of Carpenters Benefit Funds, Defendant and Third-Party Plaintiff-Respondent. Continental Assurance Company, Third-Party Defendant-Appellant

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

October 31, 1985


Harvey, J.

In May 1978, while doing general maintenance and repair work at an apartment complex, plaintiff fell and broke his leg. He did the maintenance work at the apartment complex on an irregular and occasional basis whenever there was a need for his services. He was paid at an hourly rate but no wages were withheld for tax purposes. Plaintiff filed for workers' compensation benefits, but his claim was denied on the basis that there was no employer...

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