Legal Opinion

Claim of Cassaro v. Horton

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

Decided November 17, 2011PublishedCited by 2 opinions

1Opinion of the CourtStein, J.

Claimant was injured on August 25, 2008 when the truck he was driving, which was owned by Carl L. Horton, flipped over while transporting sand and gravel. He thereafter sought workers’ compensation benefits and, following a hearing to determine whether an employer-employee relationship existed between claimant and Horton, a Workers’ Compensation Law Judge found that claimant was not an employee of Horton. The Workers’ Compensation Board affirmed this determination upon review, and claimant now appeals.

We affirm. “Whether an employer-employee relationship existed presents a factual issue for…

2Cases cited6 opinions

  1. Claim of Bran v. WimbishAppellate Division of the Supreme Court of the State of New York · 2010
  2. Claim of Sang Hwan Park v. LeeAppellate Division of the Supreme Court of the State of New York · 2008
  3. Claim of Duma v. BacaAppellate Division of the Supreme Court of the State of New York · 2011
  4. Claim of Perez v. LiceaAppellate Division of the Supreme Court of the State of New York · 2010
  5. Claim of Mendoza v. DolgettaAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by2 opinions

  1. Browning v. Ceva Freight, LLCDistrict Court, E.D. New York · 2012
  2. Claim of Pelaez v. SilverstoneAppellate Division of the Supreme Court of the State of New York · 2012

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