Opinion
November 25, 1942.
Appeal from State Industrial Board.
Present — Hill, P.J., Crapser, Heffernan, Schenck and Foster, JJ.
The only issue in this case is whether the claimant was an employee or an independent contractor. Claimant was a carpenter. The alleged employer was a carpentry contractor. In April, 1940, the alleged employer had a subcontract to perform all the carpentry work on a group of houses to be erected in the borough of Queens. On April 11, 1940, while claimant was sheathing one of the houses on this job, he fell from a scaffold and received the injuries for which the award was made. The evidence sustains the finding of the Board that claimant was an employee of Hansen. Award unanimously affirmed, with costs to the State Industrial Board.