Appellate Division of the Supreme Court of New York, 1994

Claim of Charlebois v. Brockway

Claim of Charlebois v. Brockway
Appellate Division of the Supreme Court of New York · Decided November 10, 1994
209 A.D.2d 798; 618 N.Y.S.2d 478; 1994 N.Y. App. Div. LEXIS 11104
Claim of Charlebois v. Brockway

Opinion of the Court

—Appeal from a decision of the Workers’ Compensation Board, filed April 1, 1993, which ruled that an employer-employee relationship existed between claimant and Lawrence Brockway.

Claimant was paid weekly in cash by Lawrence Brockway for his work in building cement walls. There was testimony to support the Board’s findings that Brockway directed claimant *799as to the work to be performed, paid claimant an hourly wage and provided claimant with tools and forms. Although there was also some contradictory testimony, based upon our review of the record as a whole it cannot be said that the Board’s finding of an employment relationship is not supported by substantial evidence.

Mikoll, J. P., Crew III, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.