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IN THE MATTER OF MORRISON v. T & D PAINTING, LLC

504349.

2008 NY Slip Op 06498

IN THE MATTER OF the Claim of DONALD MORRISON, Appellant, v. T & D PAINTING, LLC, ET AL., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

James Trauring & Associates, Schenectady (James A. Trauring of counsel), for appellant.

Brennan & White, L.L.P., Queensbury (Daniel J. Stewart of counsel), for T & D Painting, LLC, respondent.

Before: Mercure, J.P., Rose, Kane, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND ORDER

MERCURE, J.P.

Claimant was scraping windows when a support platform collapsed beneath him, causing him to fall to the ground and fracture his ankle. Claimant filed an application for workers' compensation benefits as an employee of T & D Painting, LLC, which, in turn, contended that claimant had been hired as an independent contractor. Following a hearing, a Workers' Compensation Law Judge determined, among other things, that an...

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