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Claimant, a postdoctoral fellow at NYU School of Medicine, became ill after alleged exposure to a virus while working. He initiated a civil action against NYU, which argued that he was an employee and his exclusive remedy was workers' compensation benefits. The Supreme Court referred the employer-employee relationship question to the Workers' Compensation Board, which determined claimant was an NYU employee. On appeal, the court affirmed the Board's decision, rejecting arguments of federal preemption. The court found substantial evidence supporting the employer-employee relationship, citing NYU's control over work, method of payment, provision of equipment, and benefits, despite the federal grant funding his salary.
Matter of Schwenger v. NYU School of Medicine 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
Claimant, a postdoctoral fellow at NYU School of Medicine, became ill after alleged exposure to a virus while working. He initiated a civil action against NYU, which argued that he was an employee and his exclusive remedy was workers' compensation benefits. The Supreme Court referred the employer-employee relationship question to the Workers' Compensation Board, which determined claimant was an NYU employee. On appeal, the court affirmed the Board's decision, rejecting arguments of federal preemption. The court found substantial evidence supporting the employer-employee relationship, citing NYU's control over work, method of payment, provision of equipment, and benefits, despite the federal grant funding his salary.
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