Legal Opinion
Claim of Morrison v. T & D Painting, LLC
Appellate Division of the Supreme Court of the State of New York
Decided July 31, 2008PublishedCited by 5 opinions
1Opinion of the Court
Mercure, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed September 18, 2007, which ruled that claimant was not an employee of T & D Painting, LLC and denied his claim for workers’ compensation benefits.
Claimant was scraping windows when a support platform collapsed beneath him, causing him to fall to the ground and fracture his ankle. Claimant filed an application for workers’ compensation benefits as an employee of T & D Painting, LLC, which, in turn, contended that claimant had been hired as an independent contractor. Following a hearing, a Workers’ Compensation Law…
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