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MATTER OF OGBUAGU v. NGBADI

61 A.D.3d 1198 (2009)

876 N.Y.S.2d 769

In the Matter of the Claim of JOHNSON OGBUAGU, Respondent, v. CYPRIAN NGBADI et al., Doing Business as SOPHISTICATED EXPRESS SERVICE, Respondent, and UNINSURED EMPLOYER'S FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 16, 2009.

CARDONA, P.J.

Claimant filed a claim for workers' compensation benefits alleging that he sustained personal injuries when he was involved in a motor vehicle accident during the course of his employment as a driver for Sophisticated Express Service. The Workers' Compensation Law Judge disallowed the claim on the ground that claimant was not an employee of Sophisticated Express Service at the time of the accident. Upon review, the Workers' Compensation Board reversed...

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