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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Claim of Kemp v. City of Hornell

Claimant, a workfare participant in a program sponsored by Steuben County, sustained an arm injury while working for the City of Hornell. The Workers’ Compensation Board ruled that Steuben County was the general employer and the City of Hornell was the special employer, apportioning liability for claimant's benefits equally between them. The City of Hornell and its workers' compensation carrier appealed this decision. The Appellate Division affirmed the Board's determination, finding sufficient evidence to support the division of liability given the City's control over the claimant's day-to-day activities, worksite, work assignments, tools, and the joint right to terminate employment.

Workers' CompensationGeneral EmployerSpecial EmployerWorkfare ProgramLiability ApportionmentArm InjuryPublic AssistanceAppellate ReviewDual EmploymentEmployer Responsibility
References
7
Case No. MISSING
Regular Panel Decision

Claim of Hughes v. Steuben County Self-Insurance Plan

Claimant sustained a back injury while participating in a workfare program sponsored by Steuben County. A dispute arose between Steuben County and Steuben County Economic Opportunity Program (SCEOP) and its carrier, State Insurance Fund, regarding liability for the claimant's workers’ compensation benefits. The Workers’ Compensation Board ruled that Steuben County was solely liable for the payment of these benefits. Steuben County appealed, arguing the Board's decision lacked substantial evidence and that SCEOP should be considered the special employer. The court affirmed the Board's decisions, finding substantial evidence supported Steuben County's status as the sole employer.

Workers' CompensationWorkfare ProgramPublic AssistanceEmployer LiabilitySpecial EmployerSubstantial EvidenceAppellate ReviewBoard DecisionClaimant InjurySteuben County
References
4
Case No. MISSING
Regular Panel Decision
Jul 12, 1994

In re the Claim of Quick v. Steuben County Self-Insurance Plan

Claimant, a recipient of public assistance from the Steuben County Department of Social Services (County), injured her wrist in a workfare program while working as a kitchen aide for the Salvation Army. A dispute arose between the County and the Salvation Army regarding liability for workers' compensation benefits. The Workers’ Compensation Board ruled that Steuben County was solely liable as the claimant's general employer, with the Salvation Army being the special employer. The County and its insurance carrier appealed this decision, challenging the finding of sole liability. The appellate court affirmed the Board's decision, finding substantial evidence that the County retained sufficient overall control to be deemed the general employer.

Workers' CompensationGeneral EmployerSpecial EmployerWorkfare ProgramLiability DisputeAppellate ReviewSubstantial EvidenceRight to ControlMethod of PaymentFurnishing Equipment
References
4
Case No. MISSING
Regular Panel Decision

Claim of Adams v. Otsego County Department of Social Services

Claimant, a public assistance recipient in a workfare program sponsored by Otsego County Department of Social Services, sustained a back injury while working at Opportunities for Chenango, Inc. A controversy arose between the County and OFC regarding which entity was responsible for paying claimant’s workers' compensation benefits. The Workers' Compensation Board ruled that the County was the proper employer and solely responsible. The County and its insurance carrier appealed, arguing that OFC was a special employer and should be held partially responsible. The court disagreed, affirming the Board's decision, finding substantial evidence that the County retained significant control over the claimant's work, including payment methods, hours, and duties.

workfare programworkers' compensation liabilityspecial employeremployer controlpublic assistanceback injuryappellate reviewadministrative decisionemployment relationshipsubstantial evidence
References
5
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