Balmforth v. McMurray

GijTCKEKhaus, J. C. C.

Bespondent appeals from the determination of the Workmen’s Compensation Division judge. He contends that petitioner’s own testimony indicates that her employment was "casual” and therefore not compensable within the provisions of the act. The record indicates that the matter initially proceeded to trial before the judge of compensation on the basis of a pretrial memorandum entered into between the parties. A reading of that memorandum indicates that the question of casual employment was not raised. It appears that the only question to be determined was the rate of…