December 20, 2012

Workers' Compensation Law.

Practice point: The receipt of workers' compensation benefits is the exclusive remedy that a worker may obtain against an employer for losses suffered as a result of an injury sustained in the course of employment.

Student note: A person may be deemed to have more than one employer for purposes of the Workers' Compensation Law, a general employer and a special employer. Moreover, where facts demonstrate the plaintiff's dual employment status, whether the relationship between two corporate entities is that of joint venturers, parent and subsidiary, corporate affiliates, or general and special employers, immunity will be extended to all the plaintiff's employers.

Case: Alfonso v. Pacific Classon Realty, LLC, NY Slip Op 08468 ((2d Dept. 2012).

Here is the decision. 

Tomorrow’s issue: Failure to file a note of issue.