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MATTER OF BAKER v. WESSEL DUVAL, INC.

194 A.D.2d 1047 (1993)

599 N.Y.S.2d 690

In the Matter of the Claim of Linda Baker, Respondent, v. Wessel Duval, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

June 24, 1993

Decedent, a director and shareholder of respondent Wessel Duval, Inc., died after suffering a stroke during a board of directors' meeting. The Workers' Compensation Law Judge found, inter alia, that decedent was an employee of Wessel Duval, Inc. and awarded benefits. The Workers' Compensation Board affirmed and the employer appeals.

The question of whether an employer-employee relationship exists is a factual issue within the province of the Board and its determination...

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