Legal Opinion

Matter of Schwenger v. NYU School of Medicine

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

Decided March 5, 2015No. 517372PublishedCited by 6 opinions

1Opinion of the CourtClark, J.

Appeal from an amended decision of the Workers’ Compensation Board, filed March 28, 2013, which ruled that an employer-employee relationship existed between claimant and NYU School of Medicine.

Claimant obtained his doctorate in 1998, after which he performed laboratory research at NYU School of Medicine (hereinafter NYU) as a postdoctoral fellow. From June 2000 to June 2001, his salary was funded by a federal grant known as the Ruth L. Kirschstein National Research Service Award, which is administered through the National Institutes of Health (hereinafter NIH) (see 42 USC §§ 282 [b] [11];…

2Cases cited16 opinions

  1. Altria Group, Inc. v. GoodSupreme Court of the United States · 2008
  2. De Canas v. BicaSupreme Court of the United States · 1976
  3. Liss v. Trans Auto Systems, Inc.New York Court of Appeals · 1986
  4. Fellner v. Tri-Union Seafoods, L.L.C.Court of Appeals for the Third Circuit · 2008
  5. Guice v. Charles Schwab & Co.New York Court of Appeals · 1996

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3Cited by6 opinions

  1. Matter of Quigley v. Village of E. AuroraAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Covert v. Niagara CountyAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Saratoga Skydiving Adventures v. Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Thompson v. HaydusckoAppellate Division of the Supreme Court of the State of New York · 2020
  5. Matter of Estate of James Yoo v. Rockwell Compounding Assoc., Inc.Appellate Division of the Supreme Court of the State of New York · 2018

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