Legal Opinion
Claim of Blotko v. Solomon Oliver Mechanical Contracting
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 7 opinions
1Opinion of the Court
Mercure, A.P.J.
*991We affirm. “The existence of an employer-employee relationship in a particular case is a factual issue for the Board to resolve and its finding must be upheld if it is supported by substantial evidence” (Matter of Mendoza v Dolgetta, 81 AD3d 1043, 1044 [2011] [internal quotation marks and citation omitted]; see Matter of Duma v Baca, 83 AD3d 1228, 1228 [2011]). Here, there is substantial evidence supporting the Board’s conclusion that Oliver did not hire claimant to perform demolition work at the time of the accident. The opposing testimony from claimant and his witnesses…
2Cases cited3 opinions
- Claim of Duma v. BacaAppellate Division of the Supreme Court of the State of New York · 2011
- Claim of Lai Pock Lew v. YoungerAppellate Division of the Supreme Court of the State of New York · 2010
- Claim of Mendoza v. DolgettaAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
- Claim of Brzezinski v. GambinoAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Brzezinski v. GambinoAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Martineau v. AshlineAppellate Division of the Supreme Court of the State of New York · 2014
- Claim of Martineau v. AshlineAppellate Division of the Supreme Court of the State of New York · 2014
- Claim of Ward v. General UtilitiesAppellate Division of the Supreme Court of the State of New York · 2012
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