Thursday, February 14, 2013

Workers' Compensation Law.

Practice point: The protection that is afforded to employers by §§ 11 and 29(6) extends to the employing entity's alter egos. A defendant moving for summary judgment based on the exclusivity defense of the Workers' Compensation Law under this theory must show, prima facie, that it was the alter ego of the plaintiff's employer.

Student note: A defendant may establish itself as the alter ego by demonstrating that one of the entities controls the other, or that the two operate as a single integrated entity.

Case: Qyizhpe v. Luvin Constr. Corp., N.Y. Slip Op 00728 (2d Dept. 2013).

Here is the decision.

Tomorrow’s issue: Applications for leave to discontinue.