Claim of Pollak v. Robert Day, Inc.
The Workmen’s Compensation Board awarded disability benefits to a waiter under the Disability Benefits Law, finding him to be a 'shape-up worker' concurrently employed by Creative Caterers, Inc. and Robert Day, Inc. The claimant fell ill in February 1970 and was hospitalized, having worked for both employers in the same calendar week. Appellants challenged the board's finding of concurrent employment, citing the claimant's sporadic work record and arguing a lack of substantial evidence. The court affirmed the board's decision, asserting that concurrent employment and eligibility are questions of fact solely within the board's province, and its conclusion was supported by sufficient evidence. The court clarified that regular employment by the *same* employers within the same calendar week is not necessary; only regular and customary employment by more than one covered employer within the same week is required.