Legal Opinion

Claim of Weingarten v. XYZ Two Way Radio Service, Inc.

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

Decided May 7, 1992PublishedCited by 12 opinions

1Opinion of the CourtMahoney, J.

Appeal from a decision of the Workers’ Compensation Board, filed October 17, 1990, which ruled that an employer-employee relationship existed between claimant and XYZ Two Way Radio Service, Inc.

At issue in this case is whether claimant, a shareholder and participating limousine driver in XYZ Two Way Radio Service, Inc., a corporation providing solicitation and dispatch services, is an employee of the corporation and thus eligible for workers’ compensation benefits. Participation in the dis*965patch service evidently requires that the participating driver purchase a certain number of shares in the…

2Cases cited8 opinions

  1. Wittenstein v. Fugazy Continental Corp.Appellate Division of the Supreme Court of the State of New York · 1977
  2. In re the Claim of PavanAppellate Division of the Supreme Court of the State of New York · 1991
  3. Claim of Ziegler v. Fillmore Car Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Claim of Daughtrey v. Enertex Computer Concepts, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  5. Schaff v. William C. Maunz Co.Appellate Division of the Supreme Court of the State of New York · 1988

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Abouzeid v. GrgasAppellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Jhoda v. Mauser Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Claim of Banful v. Skyline Credit Ride, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Claim of Gregg v. RandazzoAppellate Division of the Supreme Court of the State of New York · 1995
  5. Claim of Le Fevre v. Tel-A-Car of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

7 more not listed; retrieve them via the Exa API.

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