MATTER OF GARDNER v. TRIPLE R TRANSPORT, INC.

510096, 511371

88 A.D.3d 1085 (2011)

931 N.Y.S.2d 275

2011 NY Slip Op 7319

In the Matter of the Claim of JOHN GARDNER, Respondent, v. TRIPLE R TRANSPORT, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 20, 2011.


STEIN, J.

Claimant, a truck driver, was injured while working for the employer in 1999. Claimant sought workers' compensation benefits and the employer's workers' compensation carrier contested, among other things, the existence of an employer-employee relationship. The Workers' Compensation Board determined that there was such a relationship and the case continued. Based upon claimant's 1999 tax return, which reflected that his gross income was $49,224, the Board...

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