Opinion
September 18, 1940.
Appeal from State Industrial Board.
Present — Hill, P.J., Bliss, Heffernan, Schenck and Foster, JJ.
The employer was engaged in operating office buildings in Herkimer, N.Y. On June 26, 1939, the claimant, a painter by trade, while painting the halls of the employer's premises, fell from a plank on which he was standing and sustained the injuries in question. The only issue raised is whether claimant was an employee or an independent contractor. The finding of the State Industrial Board that claimant was an employee is sustained by the evidence. Award unanimously affirmed, with costs to the State Industrial Board.