12 A.D.2d 689 | N.Y. App. Div. | 1960
The employer and carrier appeal from an award of disability compensation. Appellants contend that the evidence fails to establish an employer-employee relationship, and further, that there was a failure to give written notice in compliance with section 18 of the Workmen’s Compensation Law. Claimant had previously been duly registered and licensed as a practical nurse, and had been employed by Mercy General Hospital, the alleged employer herein, in that capacity from time to time over a period of several years. Because of illness claimant ceased working in 1950 and did not apply for her biennial registration as a practical nurse for the period September 1, 1954 to August 31, 1956. Subsequent to the expiration of her registration certificate in August of 1954, claimant applied to the hospital’s director of nurses and assistant administrator for employment at the hospital as a practical nurse. It was arranged