MATTER OF HARRISON v. JERRICK WATERPROOFING CO.


210 A.D.2d 711 (1994)

620 N.Y.S.2d 172

In the Matter of the Claim of The Estate of Neil Harrison, Deceased, Respondent, v. Jerrick Waterproofing Company, Appellant, et al., Respondents. Workers' Compensation Board, Respondent

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

December 15, 1994


In our view, there is substantial evidence in the record to support the Board's determination that Jerrick Construction Company was decedent's sole employer at the time of his work-related death and that Jerrick Waterproofing Company was not decedent's special employer. The record indicates that Jerrick Construction only hired nonunion employees and that Jerrick Waterproofing hired only union employees. Thus, as a nonunion employee, decedent could only work for Jerrick Construction...

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