Claim of Mace v. Morrisson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHeffernan, J.
The alleged employer and its insurance carrier have appealed from an award of death benefits made by the State Industrial Board in favor of the widow of Franklin Mace, deceased.
We aré again confronted with the age-old question as to whether deceased was an employee or an independent contractor. The State Industrial Board found that he was an employee. If that finding is supported by competent evidence we must affirm the determination.
The alleged employer is a copartnership operating a sales and service agency for Ford automobiles. The undisputed testimony is that in June, 1939, Mace began…
2Cases cited6 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Matter of Beach v. . VelzyNew York Court of Appeals · 1924
- In re the Claim for Benefits under Article 18 of Labor LawAppellate Division of the Supreme Court of the State of New York · 1941
- Claim of Henault v. Joseph Endres Co.Appellate Division of the Supreme Court of the State of New York · 1937
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3Cited by9 opinions
- Natalia Makarova v. United StatesCourt of Appeals for the Second Circuit · 2000
- Seattle Aerie No. 1 of Fraternal Order of Eagles v. Commissioner of Unemployment Compensation & PlacementWashington Supreme Court · 1945
- Commissioners of the State Insurance Fund v. Lindenhurst Green & White Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Claim of Paly v. Lane Brush Co.Appellate Division of the Supreme Court of the State of New York · 1958
- Oregon Leopold Day Care Center Ass'n v. Di Marco Constructors Corp.Appellate Division of the Supreme Court of the State of New York · 1984
4 more not listed; retrieve them via the Exa API.