Legal Opinion

Claim of Fitzpatrick v. Holimont, Inc.

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

Decided February 19, 1998PublishedCited by 9 opinions

1Opinion of the CourtMercure, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 22, 1996, which ruled that an employer-employee relationship existed between claimant and Holimont, Inc.

In March 1994, while performing her duties as a member of the ski patrol at Holimont, Inc., a ski area in Cattaraugus County, claimant was seriously injured in a collision with a snowmobile. Following a hearing, it was determined that an employer-employee relationship existed between claimant and Holimont; the decision was affirmed by the Workers’ Compensation Board upon administrative review. Claimant appeals.

Whether…

2Cases cited3 opinions

  1. Claim of La Celle v. New York Conference of Seventh-Day AdventistsAppellate Division of the Supreme Court of the State of New York · 1997
  2. Camphill Village, U.S.A., Inc. v. Workmen's Compensation BoardNew York Court of Appeals · 1968
  3. Claim of Long v. Schenectady County Young Men's Christian Ass'nAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by9 opinions

  1. Claim of Pilku v. 24535 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  2. In Re Fedex Ground Package System, Inc., Employment Practices LitigationDistrict Court, N.D. Indiana · 2010
  3. Claim of Semus v. University of RochesterAppellate Division of the Supreme Court of the State of New York · 2000
  4. Claim of Fina v. New York State Olympic Regional Development AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
  5. Smith v. CPC International, Inc.District Court, S.D. New York · 2000

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