Appellate Division of the Supreme Court of the State of New York September 28, 2006 (Claim of Carlson v. Akin)

Rose, J.

Appeal from a decision of the Workers’ Compensation Board, filed December 27, 2004, which ruled that claimant was an employee of Martin Akin.

Claimant was working as a laborer at a construction site in Chautaugua County on February 6, 2003 when a nail that he was hammering struck and injured his right eye.