Claim of Birtolo v. First Housing Co.

Appeal by the employer and its insurance carrier from a decision of the Workmen’s Compensation Board, filed March 20, 1972. Claimant, a tenant and shareholder in a co-operative housing development corporation, severely injured his left eye while performing work for the co-operative when a drill which he was using broke and entered the eye. On a prior appeal (Matter of Birtolo v. First Housing Co., 35 A D 2d 1079', mot. for iv. to opp. den. 28 1ST Y 2d 483), it was determined that the claimant was an employee of the co-operative covered by the employer’s workmen’s compensation insurance…