Claim of Baker v. Wessel Duval, Inc.

—Appeal from a decision of the Workers’ Compensation Board, filed February 13, 1992, which ruled that claimant was an employee of Wessel Duval, Inc. and awarded workers’ compensation benefits.

Decedent, a director and shareholder of respondent Wessel Duval, Inc., died after suffering a stroke during a board of directors’ meeting. The Workers’ Compensation Law Judge found, inter alia, that decedent was an employee of Wessel Duval, Inc. and awarded benefits. The Workers’ Compensation Board affirmed and the employer appeals.

The question of whether an employer-employee relationship exists is a…