Matter of Fancher v. . Boston Excelsior Co.

An award was made to the claimant herein by the State Industrial Board for an injury to his eye happening while he was cutting trees. The Appellate Division reversed the award and dismissed the claim on the ground that the claimant was an independent contractor and not an employee.

The. claimant was engaged by a Mr. Hornbeck, manager of the Boston Excelsior Company at Hancock, to cut wood at $4.50 a cord. Mr. Hornbeck told him where to go on the lot to cut the wood, and at all times had supervision over him.

The claimant’s regular occupation was that of a stoneworker. He says that Hornbeck…