the Claim of Angelo v. New York State Association of Learning Disabled
Claimant, a student at the College of St. Rose, sustained an injury during an internship at the New York State Association of Learning Disabled’s Wildwood School. The Workers’ Compensation Board determined an employer-employee relationship existed between the claimant and Wildwood, entitling her to benefits, citing that she performed duties of an unreplaced speech therapist and Wildwood exercised sufficient control. Wildwood appealed, asserting they were denied the opportunity to present testimony to refute the claimed benefits it received from the internship. The Appellate Division reversed the Board's decision, ruling that Wildwood was entitled to a full opportunity to be heard on the factual issues and remitted the case to the Workers’ Compensation Board for further proceedings.