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Plaintiffs, including Eunice Lewin, an employee of the Buffalo Board of Education, commenced this action seeking damages for injuries sustained after Lewin slipped and fell on ice in front of a school in the City of Buffalo. The Supreme Court, Erie County, granted the defendant chief engineer's motion for summary judgment, dismissing the complaint. The Appellate Division unanimously affirmed this decision, concluding that the defendant was a salaried employee of the Buffalo Board of Education at the time of the accident. Therefore, the plaintiffs' exclusive remedy for the injuries was workers' compensation, as stipulated by Workers’ Compensation Law § 29 [6]. The court rejected the plaintiffs' argument that the defendant was an independent contractor, noting that his discretion regarding staffing was limited and subject to Board oversight.
Lewin v. O'Brien is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiffs, including Eunice Lewin, an employee of the Buffalo Board of Education, commenced this action seeking damages for injuries sustained after Lewin slipped and fell on ice in front of a school in the City of Buffalo. The Supreme Court, Erie County, granted the defendant chief engineer's motion for summary judgment, dismissing the complaint. The Appellate Division unanimously affirmed this decision, concluding that the defendant was a salaried employee of the Buffalo Board of Education at the time of the accident. Therefore, the plaintiffs' exclusive remedy for the injuries was workers' compensation, as stipulated by Workers’ Compensation Law § 29 [6]. The court rejected the plaintiffs' argument that the defendant was an independent contractor, noting that his discretion regarding staffing was limited and subject to Board oversight.
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