MATTER OF HARVEY v. ALLEGANY TIMBER & LAND CO., INC.


162 A.D.2d 775 (1990)

In the Matter of the Claim of Philip Harvey, Respondent, v. Allegany Timber & Land Company, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

June 14, 1990


Kane, J. P.

Claimant, a logger, was severely injured when a tree fell upon him while he was cutting wood for Allegany Timber & Land Company, Inc. (hereinafter Allegany). The sole issue on this appeal is whether there is substantial evidence in the record to support the decision of the Workers' Compensation Board that claimant was, at the time of his injury, an employee of Allegany and not an independent contractor.

The record demonstrates...

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