MATTER OF YELLE v. WOODWORTH'S PAINTING COMPANY


289 A.D.2d 758 (2001)

733 N.Y.S.2d 810

In the Matter of the Claim of KATHY YELLE, as Administrator of the Estate of JOHN E. YELLE, Deceased, Respondent, v. WOODWORTH'S PAINTING COMPANY et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 13, 2001.


Lahtinen, J.

Claimant's decedent was a house painter who reported each work day to a job site where the employer had contracted to paint. He apparently worked at a job site until the painting was completed and he was then assigned to work at a new job site. He was killed in an automobile accident while traveling home at the end of the work day from a job site where he had worked for several weeks. Concluding that decedent was an outside employee because he had no...

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