Claim of Agnello v. Ippolito

Appeal from an amended decision of the Workers’ Compensation Board, filed June 20, 1985.

The employer contends that the Workers’ Compensation Board erred in finding that claimant was an employee, citing Matter of Glaze v Villa Mfg. Co. (45 NY2d 942). In the Glaze case, however, the Board concluded that no employer-employee relationship existed and that the decedent therein was an independent contractor, and the court upheld the Board’s factual determination as supported by substantial evidence. In the case at bar, the evidence in the record includes conflicting testimony from which competing…