Practice point: When an employee elects to receive Workers' Compensation
benefits from his or her general employer, a special employer is shielded from
any action at law commenced by the employee.
Student note: A special employee is one who is transferred for a limited time of whatever
duration to the service of another. General employment is presumed to continue,
but this presumption is overcome with a clear demonstration of the general
employer’s surrender of control by the general employer and the special
employer’s assumption of control. Principal factors in determining whether a
special relationship exists include the right to control, the method of
payment, the furnishing of equipment, the right to discharge, and the relative
nature of the work. An especially important factor is who controls the manner,
details, and ultimate result of the employee's work.
Case: Digirolomo v. Goldstein, NY
Slip Op 05134 (2d Dept. 2012).
Here is the decision.
Monday’s issue: Extending the time
for service of a summons and complaint.
