MATTER OF FITZPATRICK v. HOLIMONT, INC.


247 A.D.2d 715 (1998)

669 N.Y.S.2d 88

In the Matter of the Claim of Jean M. Fitzpatrick, Appellant, v. Holimont, Inc. et al., Respondents. Workers' Compensation Board, Respondent

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

February 19, 1998


Mercure, J.

In March 1994, while performing her duties as a member of the ski patrol at Holimont, Inc., a ski area in Cattaraugus County, claimant was seriously injured in a collision with a snowmobile. Following a hearing, it was determined that an employer-employee relationship existed between claimant and Holimont; the decision was affirmed by the Workers' Compensation Board upon administrative review. Claimant appeals.

Whether an employer...

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