Appeal by an uninsured employer from a schedule award made in favor of the widow of a deceased employee for 40% permanent loss of use of his right leg. The sole issue raised on appeal was whether decedent was an employee or independent contractor. He was employed by the appellant under a written contract in which he was classified as an independent contractor. His occupation was that of a clown and, at the time of his injury, he was working in a circus at Buffalo, New York. The board has found that decedent was an employee and not an independent contractor. There is evidence to indicate that he was under some degree of supervision and control by the alleged employer and we cannot say as a matter of law that the finding of the board is not sustained by the evidence. Award unanimously affirmed, with costs to the Workmen's Compensation Board.