Opinion
June 19, 1967
Appeal by claimant from a decision filed October 1, 1965, which disallowed his claim against respondent Bressner upon a finding of no employer-employee relationship (Case No. 0633 9858); and purported appeal, specifically from the same decision in the same case, by appellant Brand and its insurance carrier, against whom the board previously rendered its decision, filed December 8, 1964, in case No. 0633 4298, which affirmed the Referee's finding of an employer-employee relationship between Brand and claimant and restored the case to the Referee Calendar for further development. Brand took no appeal from the decision of December 8, 1964 in case No. 0633 4298 and, indeed, that case is not before us. Claimant interposed claims against both Bressner and Brand, asserting that he was employed as a part-time salesman by each, there being no relationship between the employers, or between the different employments. Each employer contended that claimant's relationship with it was that of an independent contractor. The board found against claimant in the Bressner case; and in the Brand case, upon somewhat stronger evidence, found that employment status had been established. The finding against claimant was purely a factual determination well supported by substantial evidence and, therefore, cannot be disturbed by us. Appellant Brand has no standing to appeal, not being a "party in interest" (Workmen's Compensation Law, § 23) and the issue which it seeks to argue, i.e., the status existing between it and the claimant, was not an issue in this case. Appeal by Brand and its carrier dismissed, with costs to the Workmen's Compensation Board. Decision, as to claimant, employer Bressner and its carrier and the Workmen's Compensation Board, affirmed, without costs. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gibson, P.J.