MATTER OF WEINGARTEN v. XYZ TWO WAY RADIO SERV., INC.


183 A.D.2d 964 (1992)

In the Matter of the Claim of Jack Weingarten, Respondent, v. XYZ Two Way Radio Service, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

May 7, 1992


Mahoney, J.

At issue in this case is whether claimant, a shareholder and participating limousine driver in XYZ Two Way Radio Service, Inc., a corporation providing solicitation and dispatch services, is an employee of the corporation and thus eligible for workers' compensation benefits. Participation in the dispatch service evidently requires that the participating driver purchase a certain number of shares...

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