Legal Opinion · Dissent

Anderson v. Homeless & Housing Coa

Kentucky Supreme Court

Decided May 20, 2004No. 2002-SC-1069-WCPublished

1DissentCooper, Justice

I dissent because federal law preempts us from construing our Workers’ Compensation Act to create an employer/employee relationship between an AmeriCorps volunteer and the volunteer’s AmeriCorps contracting agency, e.g., Homeless and Housing Coalition of Kentucky (HHCK). AmeriCorps was created under the National and Community Service Act of 1990 (NCSA). 42 U.S.C. §§ 12501-12572. HHCK administered the AmeriCorps program in which claimant participated, and it is undisputed that HHCK received monetary assistance from AmeriCorps. 42 U.S.C. § 12511(17) provides:(17) Participant

(A) In general

The…

2Cases cited5 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Davis v. Elmira Savings BankSupreme Court of the United States · 1896
  3. Twombly v. Association of Farmworker Opportunity ProgramsCourt of Appeals for the First Circuit · 2000
  4. Murray State College v. AkinsCourt of Civil Appeals of Oklahoma · 1990
  5. United States v. ConnorsDistrict Court, S.D. Ohio · 1985

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