Claim of Blair v. Bailey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from a decision of the Workers’ Compensation Board, filed March 6, 2000, which ruled that claimant sustained an accidental injury arising out of and in the course of his employment.
As claimant sat in the office area of the New Laundromat, owned by Percival Bailey, he was shot by Bailey’s son, rendering him paralyzed from the chest down. Following the conclusion of the initial fact-finding hearing and despite finding that claimant failed to substantiate his claim that an employer-employee relationship existed, the Workers’ Compensation Law Judge (hereinafter WCLJ) restored the matter to…
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