MATTER OF CLAIM OF BRAN v. WIMBISH

508535

73 A.D.3d 1378 (2010)

901 N.Y.S.2d 398

In the Matter of the Claim of JUAN BRAN, Respondent, v. RALPH WIMBISH, Appellant, et al., Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 20, 2010.


Spain, J.

In February 2008, claimant was hired by Ralph Wimbish to perform sheetrocking work at an apartment. On February 12, 2008, claimant sustained an injury when he fell from a ladder while working in the apartment and he applied for workers' compensation benefits. In an amended decision, a Workers' Compensation Law Judge found, among other things, that an employer-employee relationship existed between claimant and Wimbish and set claimant's average weekly wage...

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