Legal Opinion
Claim of Mendoza v. Dolgetta
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 2011PublishedCited by 5 opinions
1Opinion of the CourtGarry, J.
Appeal from a decision of the Workers’ Compensa*1044tion Board, filed May 7, 2008, which, among other things, ruled that claimant was an employee of Joseph Dolgetta.
Claimant was injured when he fell off a loading dock. He thereafter applied for workers’ compensation benefits, listing A & J Distributor as his employer. A workers’ compensation law judge found, among other things, that an employer-employee relationship existed between claimant and Joseph Dolgetta, trading as A & J Distributor, and set claimant’s average weekly wage at $400. The Workers’ Compensation Board affirmed that determination…
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