Legal Opinion
Claim of Marques v. Salgado
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2004PublishedCited by 11 opinions
1Opinion of the CourtCardona, P.J.
Appeal from a decision of the Workers’ Compensation Board, filed October 29, 2003, which ruled that claimant was an employee of Antonio Salgado.
On October 10, 1995, claimant sustained injuries after he fell from a tree as he was removing branches while working at a private residence cutting down trees and putting in a concrete driveway. Claimant filed a workers’ compensation claim listing Antonio Salgado as his employer. Salgado disputed the claim, arguing that claimant, the owner and operator of a construction business, M & A Concrete & Masonry Corporation, was working as an independent…
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