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IN THE MATTER OF JENNINGS v. AVANTI EXPRESS, INC.

511594.

91 A.D.3d 999 (2012)

936 N.Y.S.2d 718

2012 NY Slip Op 69

In the Matter of the Claim of SANDRA JENNINGS, Respondent, v. AVANTI EXPRESS, INC., Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 5, 2012.

GARRY, J.

Claimant's husband (hereinafter decedent) died in a motor vehicle accident while working as a courier for the employer. Claimant thereafter applied for workers' compensation death benefits, and the employer controverted the claim on the basis that decedent was an independent contractor and not an employee. Following a hearing, the Workers' Compensation Law Judge found that there was an employer-employee relationship between decedent and the employer and...

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