Claim of the Estate of Harrison v. Jerrick Waterproofing Co.

Appellate Division of the Supreme Court of New York

Claim of the Estate of Harrison v. Jerrick Waterproofing Co.

210 A.D.2d 711, 620 N.Y.S.2d 172, 1994 N.Y. App. Div. LEXIS 12735

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1994

StatusPublished

This text of 210 A.D.2d 711 (Claim of the Estate of Harrison v. Jerrick Waterproofing Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of the Estate of Harrison v. Jerrick Waterproofing Co., 210 A.D.2d 711, 620 N.Y.S.2d 172, 1994 N.Y. App. Div. LEXIS 12735 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Workers’ Compensation Board, filed May 18, 1993.

In our view, there is substantial evidence in the record to support the Board’s determination that Jerrick Construction Company was decedent’s sole employer at the time of his work-related death and that Jerrick Waterproofing Company was not decedent’s special employer. The record indicates that Jerrick Construction only hired nonunion employees and that Jerrick Waterproofing hired only union employees. Thus, as a nonunion employee, decedent could only work for Jerrick Construction, the company that paid decedent’s wages. Given the Board’s broad discretion to determine employment relationships, we find no reason to disturb its conclusion that Jerrick Waterproofing was not decedent’s special employer.

Cardona, P. J., Mercure, White, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Workers’ Compensation Board, filed May 18, 1993.

In our view, there is substantial evidence in the record to support the Board’s determination that Jerrick Construction Company was decedent’s sole employer at the time of his work-related death and that Jerrick Waterproofing Company was not decedent’s special employer. The record indicates that Jerrick Construction only hired nonunion employees and that Jerrick Waterproofing hired only union employees. Thus, as a nonunion employee, decedent could only work for Jerrick Construction, the company that paid decedent’s wages. Given the Board’s broad discretion to determine employment relationships, we find no reason to disturb its conclusion that Jerrick Waterproofing was not decedent’s special employer.

Cardona, P. J., Mercure, White, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

210 A.D.2d 711, 620 N.Y.S.2d 172, 1994 N.Y. App. Div. LEXIS 12735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-the-estate-of-harrison-v-jerrick-waterproofing-co-nyappdiv-1994.