Fending v. Carborundum Co.

Order unanimously affirmed, with costs. Memorandum: Plaintiff, an electrician employed by Fowler Electric Company (Fowler), was injured when he fell off a plank while working on the premises of the Carborundum Company (Carborundum). He had been assigned to work at the Carborundum plant pursuant to an agreement that Fowler had with Carborundum to provide electrical services at its plant. Thereafter, plaintiff applied for and received workers’ compensation benefits. The Workers’ Compensation Board determined that plaintiff was employed by Fowler, the accident was work related and plaintiff was…