[Download] "Matter Claim Lillian Abramson v. Long Beach Memorial Hospital Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter Claim Lillian Abramson v. Long Beach Memorial Hospital Et Al.
- Author : Supreme Court of New York
- Release Date : January 05, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Appeal from a decision of the Workers Compensation Board, filed March 17, 1983, which held that claimant was the general employee of Nassau Registry, Inc., and the special employee of Long Beach Memorial Hospital when she sustained accidental injuries during the course of her employment. para. Claimant, a nursing assistant, entered into a contract with Nassau Registry, Inc. (the Registry), an employment agency, to serve patients on shifts of 8, 10 or 12 hours. In November, 1978, the Registry assigned claimant to attend Tilly Katz, a Long Beach Memorial Hospital patient, as a companion. The hospital had referred Katzs daughter to the Registry. On November 24, 1978, while removing soiled bed linen after having changed Katz, claimant slipped on the wet hospital floor and sustained disabling injuries to her lower back. The Workers Compensation Board ultimately found that the Registry was claimants general employer and the hospital her special employer; all awards were apportioned equally between the Registry and the hospital. Both the Registry and the hospital have appealed the boards decision. para. The determination of the board is supported by substantial evidence and should be affirmed. "The issue of whether an employer-employee relationship exists is a factual one. Principal factors to be considered are the right to control, the method of payment, who furnishes the equipment, the right to discharge and the so-called relative nature of the work test * * * While no single factor is controlling and the result can turn on the basis of any one or a combination of the factors * * * the ultimate determination is one of fact and, if conflicting inferences may be drawn from the evidence before the board, then the finding of the board must prevail" (Matter of Hopkins v Players Three, 99 A.D.2d 912, 913 [citations omitted]; see, also, Matter of Alli v Mandel Security Bur., 86 A.D.2d 911; Matter of Goodman v Stone & Webster Eng. Corp., 11 A.D.2d 558). para. Evidence, as here, of the employer profiting on a claimants work and wages is a significant factor in determining the relationship to be one of general employment. It is undisputed that the Registry received 10% of the wages [103 A.D.2d 866 Page 867]