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IN THE MATTER OF CLAIM OF ENCALADA v. SMJ ENVIRONMENTAL, INC.

55 A.D.3d 1161 (2008)

865 N.Y.S.2d 581

In the Matter of the Claim of DARIO ENCALADA, Claimant, v. SMJ ENVIRONMENTAL, INC., et al., Appellants, and SAFECO INSURANCE COMPANY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

October 30, 2008.

Malone Jr., J.

The current case involves the identical alleged employers and workers' compensation carriers as in Matter of Jara v SMJ Envtl., Inc. (55 A.D.3d 1157 [2008] [decided herewith]). Although this case concerns a different claimant, the issues of the existence of an employment relationship and the scope of workers' compensation coverage raised herein are the same as those presented in Matter of Jara. For the...

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