Cuevas v. Americorps
This case involves an appeal from a Workers' Compensation Board decision that found a claimant's workers' compensation claim was not preempted by federal law. The claimant, a participant in the Americorps program through the Red Hook Public Safety Corps, sustained back and neck injuries while performing community gardening. The Workers' Compensation Board determined she was a general employee of the Fund for the City of New York, Inc. (FCNY) and a special employee of Americorps. FCNY and its carriers appealed, arguing that 42 USC § 12511 explicitly preempts state law by stating that Americorps participants are not employees for the purposes of that subchapter. The court affirmed the Board's decision, concluding that the federal statute's definition of 'participant' as 'not an employee' was limited to the purposes of the federal subchapter and did not dictate employee status for state workers' compensation benefits. The court further noted that 42 USC § 12594 (b) contemplates states treating participants as employees for workers' compensation purposes, reinforcing the lack of preemptive intent.