Legal Opinion

the Claim of Etherington v. Empire Improvements, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 1976PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a decision of the Workmen’s Compensation Board, filed May 30, 1974, which found an employer-employee relationship and allowed claimant’s claim for disability payments. Four days prior to February 20, 1973 Empire Improvements, Inc., hired claimant to do roofing work on several houses. Empire agreed to pay claimant at the rate of $10 per square for laying new shingles and $15 per square for ripping off old ones. Claimant fell off the roof and broke his hip. There is no dispute about the testimony before the referee. Claimant was hired, taken to the work site by a representative of…

2Cases cited4 opinions

  1. Claim of Klein v. Sunrise Building Co.Appellate Division of the Supreme Court of the State of New York · 1958
  2. Claim of Waterbury v. Dieges & ClustAppellate Division of the Supreme Court of the State of New York · 1954
  3. Claim of Wheeler v. Victor Kayfetz ProductionsAppellate Division of the Supreme Court of the State of New York · 1971
  4. Reichenbach v. Myrtle Floor Covering, Inc.Appellate Division of the Supreme Court of the State of New York · 1974

3Cited by6 opinions

  1. Wittenstein v. Fugazy Continental Corp.Appellate Division of the Supreme Court of the State of New York · 1977
  2. Stevens v. Spec, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Claim of Hopkins v. Players' Three, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  4. In Re Fedex Ground Package System, Inc., Employment Practices LitigationDistrict Court, N.D. Indiana · 2010
  5. LBS of Frankfort, Inc. v. HudacsAppellate Division of the Supreme Court of the State of New York · 1992

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