MATTER OF RIVAS v. WALDMAN


37 A.D.3d 916 (2007)

829 N.Y.S.2d 725

In the Matter of the Claim of CARLOS RIVAS, Appellant, v. ZALMAN WALDMAN, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 8, 2007.


Rose, J.

In June 2002, claimant sustained an injury to his right thigh while operating a circular saw to perform repair work on a door in a bungalow that was rented by a tenant, Yetti Deutsch, and owned by Zalman Waldman. Claimant's workers' compensation claim was ultimately disallowed by the Workers' Compensation Board on the basis that there was insufficient evidence of an employment relationship between him and Waldman. Claimant now appeals and we affirm.

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