Claim of Fisher v. KJ Transportation
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 12, 2004, which ruled, inter alia, that an employer-employee relationship existed between claimant and KJ Transportation.
Claimant was hired as a tractor-trailer driver by KJ Transportation (hereinafter KJT) in August 2001. Shortly thereafter, KJT filed for protection under federal bankruptcy rules affecting its ability to obtain workers’ compensation insurance. As a result, in January 2002, KJT entered into a written agreement with Omne Staffing, Inc. whereby KJT’s employees purportedly became employees of Omne, which,…
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