Claim of Harvey v. Allegany Timber & Land Co.

Kane, J. P.

Appeal from a decision of the Workers’ Compensation Board, filed October 3,1988.

Claimant, a logger, was severely injured when a tree fell upon him while he was cutting wood for Allegany Timber & Land Company, Inc. (hereinafter Allegany). The sole issue on this appeal is whether there is substantial evidence in the record to support the decision of the Workers’ Compensation Board that claimant was, at the time of his injury, an employee of Allegany and not an independent contractor.

The record demonstrates that while at work for Allegany, claimant was supplied with a bulldozer where…