83 A.D.2d 692 | N.Y. App. Div. | 1981
Appeal from a decision of the Workers’ Compensation Board, filed June 29, 1979, finding that an employer-employee relationship existed between Fillmore Car Service, Inc., and the claimant at the time of the accident. The sole issue in this case is whether there is substantial evidence to support the board’s decision finding the existence of an employer-employee relationship between Fillmore Car Service, Inc., and the claimant. Fillmore owns and operates a licensed radio dispatching service which monitors and dispatches phone calls for independent taxicab owners. Claimant drove a cab owned by Ferry-Grider Car Service, which utilized Fillmore’s dispatcher service. Claimant was advised by Ferry-Grider to take calls assigned to him by Fillmore’s dispatcher, although he could also solicit other passengers. Under the terms of claimant’s agreement with Ferry-Grider, claimant paid for gas and oil consumed, and the remaining money was split between them. On