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MATTER OF ASHLEY v. DURANT

252 A.D.2d 893 (1998)

676 N.Y.S.2d 326

In the Matter of the Claim of Wayne Ashley, Appellant, v. Robert Durant et al., Respondents. Workers' Compensation Board, Respondent

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

July 30, 1998

White, J.

Claimant worked on Robert Durant's farm and this claim arose out of injuries he sustained in August 1989 while assisting Durant in preparing and cleaning his corn chopper. The Workers' Compensation Board concluded that claimant was not a covered employee and claimant appeals.

Workers' Compensation Law § 3 (1) (Group 14-b) provides as follows: "Employment as a farm laborer as provided herein. A farmer shall provide coverage under...

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