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IN THE MATTER OF THOMSON v. BRUTE SPRING & EQUIPMENT, INC.

15 A.D.3d 744 (2005)

789 N.Y.S.2d 753

In the Matter of the Claim of CHARLES THOMSON, Claimant v. BRUTE SPRING & EQUIPMENT, INC., et al., Appellants. NEW YORK CENTRAL FIRE INSURANCE COMPANY, Respondent; WORKERS' COMPENSATION BOARD, Respondent.

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

February 10, 2005.

Mugglin, J.

Claimant, an employee of Brute Spring & Equipment, Inc., filed a claim for workers' compensation benefits after sustaining injuries to his shoulder and kidney while trimming trees at the residence of Howard Besecker, Brute Spring's president and owner. Besecker's homeowner's insurance company disclaimed coverage on the ground that claimant's injury occurred while he was performing work related to Besecker's business. After a hearing, the Workers' Compensation...

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