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Matter of Windishar v. Warmack

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1946
271 App. Div. 855 (N.Y. App. Div. 1946)

Opinion

November 20, 1946.


This is an appeal by employer and her insurance carrier from a decision awarding claimant compensation. The claimant was employed in the State of New York as a practical nurse by the employer. She accompanied her employer to a resort at Sea Island, Georgia. The claimant was required to be on duty twenty-four hours a day and seven days a week. Her duties required her to perform domestic services and act as companion to her employer. On March 20, 1944, during the regular course of her employment, claimant received the injuries for which an award was made. Appellants contend that claimant was not an employee but was acting in a professional capacity. The evidence sustains the finding of the board that claimant was an employee at the time of the accident. Award affirmed, with costs to the Workmen's Compensation Board. All concur.


Summaries of

Matter of Windishar v. Warmack

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1946
271 App. Div. 855 (N.Y. App. Div. 1946)
Case details for

Matter of Windishar v. Warmack

Case Details

Full title:In the Matter of the Claim of ANN WINDISHAR, Respondent, against MRS…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 20, 1946

Citations

271 App. Div. 855 (N.Y. App. Div. 1946)

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