Legal Opinion

Ashley v. Durant

Appellate Division of the Supreme Court of the State of New York

Decided July 30, 1998PublishedCited by 2 opinions

1Opinion of the Court

—White, J.

Appeal from a decision of the Workers’ Compensation Board, filed October 24, 1997, which ruled that the claim did not meet the threshold requirements of Workers’ Compensation Law § 3 (1).

Claimant worked on Robert Durant’s farm and this claim arose out of injuries he sustained in August 1989 while assisting Durant in preparing and cleaning his corn chopper. The Workers’ Compensation Board concluded that claimant was not a covered employee and claimant appeals.

Workers’ Compensation Law § 3 (1) (Group 14-b) provides as follows: “Employment as a farm laborer as provided herein. A farmer…

2Cases cited1 opinion

  1. In re the Claims of BrandonAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by2 opinions

  1. Durant v. North Country Adirondack Cooperative InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  2. Claim of Cummins v. North Medical Family PhysiciansAppellate Division of the Supreme Court of the State of New York · 2001

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