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IN THE MATTER OF THE CLAIM OF WALD v. AVALON PARTNERS, INC.

23 A.D.3d 820 (2005)

803 N.Y.S.2d 329

In the Matter of the Claim of REBECCA WALD, Respondent, v. AVALON PARTNERS, INC., Appellant, and UNINSURED EMPLOYERS FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

November 10, 2005.

Mugglin, J.

Claimant's husband, a stockbroker affiliated with Avalon Partners, Inc., perished in the terrorist attacks on the World Trade Center on September 11, 2001. Claimant's application for workers' compensation death benefits was disallowed by the Workers' Compensation Law Judge who found decedent to be an independent contractor, not an employee. The Board reversed and Avalon appeals.

Whether an employer-employee relationship exists is a question of...

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