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.