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MATTER OF BRZEZINSKI v. GAMBINO

511696.

100 A.D.3d 1192 (2012)

954 N.Y.S.2d 257

2012 NY Slip Op 7907

In the Matter of the Claim of HALINA BRZEZINSKI, Appellant, v. THOMAS GAMBINO et al., Respondents, and GREENHOUSE AGENCY LTD. et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

November 21, 2012.

Malone Jr., J.

In November 2007, claimant was injured when she fell in the yard of Thomas Gambino and Lynn Gambino. She applied for workers' compensation benefits, claiming that she was employed as the Gambinos' live-in housekeeper at the time of her accident. Following hearings, the Workers' Compensation Law Judge determined that claimant was not an employee of the Gambinos at the time of her fall, but was still in the interview process for the position, and denied...

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