MATTER OF SIMONELLI v. ADAMS BAKERY CORPORATION


286 A.D.2d 805 (2001)

730 N.Y.S.2d 358

In the Matter of the Claim of DANNY SIMONELLI, Appellant, v. ADAMS BAKERY CORPORATION, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided September 20, 2001.


Peters, J.

Claimant applied for workers' compensation benefits claiming to have been in the course of his employment as a bread deliverer for Adams Bakery Corporation at the time that he was involved in a motor vehicle accident. Adams opposed the application asserting that claimant was an independent contractor. The Workers' Compensation Board denied claimant's application on the ground that no employer-employee relationship existed. This appeal ensued.

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