Caicco v. Toto Brothers, Inc.

The opinion of the court was delivered by

Contobd, P. J. A. D.,

Temporarily Assigned. This is a workmen’s compensation case in which the sole issue is whether petitioner Caicco’s deceased husband was an independent contractor rather than an employee of respondent Toto Brothers, Inc. at the time of his accidental death. The Division of Workmen’s Compensation found decedent to be an employee, and awarded petitioner compensation benefits. On appeal the County Court found to the contrary and dismissed petitioner’s claim. The Appellate Division affirmed in an unreported per curiam opinion. This…