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MATTER OF FISHER v. SDAM MANAGEMENT INC.

284 A.D.2d 845 (2001)

727 N.Y.S.2d 724

In the Matter of the Claim of KEITH M. FISHER, Respondent, v. SDAM MANAGEMENT, INC., et al., Appellants, and UNINSURED EMPLOYERS' FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 28, 2001.

Rose, J.

Claimant sustained injuries as a result of an automobile accident while employed as a taxicab driver and subsequently filed a claim for benefits. SDAM Management, Inc. controverted the claim contending, inter alia, that there was not an employee-employer relationship between it and claimant. At a hearing before a Workers' Compensation Law Judge (hereinafter WCLJ), claimant testified that he drove the taxi for Middletown Taxi and that when the cabs...

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