281 A.D. 933 | N.Y. App. Div. | 1953
Appeal from a decision and award of the Workmen’s Compensation Board. The Workmen’s Compensation Board has reformed a policy of insurance over carrier’s objection to strike out in the words following “ name of employer ” the designation “ David Briars and Marie Briars, d/b/as: Melody Lane Restaurant” and to insert instead “David (Daniel) Briars doing business as the Melody Lane Restaurant”. The result of this amendment and a finding that Marie Briars was an employee rather than an employer is that the carrier has been held liable for an award of workmen’s compensation benefits in favor of Marie Briars. The Briars are husband and wife. We think there is no substantial evidence in the record to support the reformation of the contract. All such evidence, of course, must be viewed in the light of events before the accident. There is proof by an agent of the carrier who was related by marriage to the Briars family that Mr. Briars told him that the business was his alone and not his wife’s, and it was decided not then to change the carrier's policy to this effect but to let it remain unchanged until it expired in May. This is not a mistake of fact warranting reformation on