Encalada v. SMJ Environmental, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed October 19, 2006, which, among other things, ruled that an employer-employee relationship existed between claimant and SMJ Environmental, Inc.

The current case involves the identical alleged employers and workers’ compensation carriers as in Matter of Jara v SMJ Envtl., Inc. (55 AD3d 1157 [2008] [decided herewith]). Although this case concerns a different claimant, the issues of the existence of an employment relationship and the scope of workers’ compensation coverage raised herein are the same as those presented in Matter of…