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Workers' Compensation Board

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Performing Artists

Employee shall include, for purposes of the Workers’ Compensation Law, a professional musician or a person otherwise engaged in the performing arts who performs services as such for a television or radio station or network, a film production, a theatre, hotel, restaurant, night club or similar establishment unless, by written contract, such musician or person is stipulated to be an employee of another employer covered by this chapter.

The party that is listed in the contract as the musician’s or person’s employer is responsible for providing workers’ compensation coverage.

Engaged in the performing arts shall mean performing service in connection with the production of or performance in any artistic endeavor, which requires artistic or technical skill or expertise. WCL §2 [4]