{"id":313,"date":"2021-05-25T21:23:08","date_gmt":"2021-05-25T21:23:08","guid":{"rendered":"https:\/\/nicoteralaw.com\/?p=313"},"modified":"2021-06-03T22:34:23","modified_gmt":"2021-06-03T22:34:23","slug":"lopane-v-town-of-kent","status":"publish","type":"post","link":"https:\/\/nicoteralaw.com\/lopane-v-town-of-kent\/","title":{"rendered":"Lopane v. Town of Kent"},"content":{"rendered":"\n<p>Plaintiff was severely injured when a deck collapsed at a Town-owned park. The Town invoked an \u201cemployer-employee\u201d defense because plaintiff had previously served as a volunteer coach to the girl\u2019s youth baseball league sponsored by the Town. This\u00a0defense stripped the Supreme Court of its subject matter jurisdiction because the NY Worker\u2019s Compensation Law has exclusive jurisdiction over the determination of \u201cemployer-employee\u201d relationships pursuant to statute.<\/p>\n\n\n\n<p>Plaintiff was\u00a0first\u00a0relegated to\u00a0a\u00a0several day evidentiary hearing before\u00a0the\u00a0Worker\u2019s Compensation Board in which the Hearing Officer found no \u201cemployer-employee\u201d relationship under the statute. Unfortunately, the Supreme Court action had to be stayed for a nearly two-year period because the Town also exercised its right to an appeal to the Worker\u2019s Compensation\u00a0Appeal\u00a0Board. After the Appeal Board affirmed the findings of the Hearing Officer the Supreme Court, on motion by the Town, dismissed the case based on &#8220;lack of notice&#8221;. <\/p>\n\n\n\n<p>While the Plaintiff&#8217;s appeal to the Supreme Court &#8211; Appellate Division was pending, upon motion for re-argument\u00a0the\u00a0lower Court reinstated the action. On the eve of trial the Town ultimately settled for several\u00a0hundred\u00a0thousand dollars.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff was severely injured when a deck collapsed at a Town-owned park. The Town invoked an \u201cemployer-employee\u201d defense because plaintiff had previously served as a volunteer coach to the girl\u2019s youth baseball league sponsored by the Town. This\u00a0defense stripped the Supreme Court of its subject matter jurisdiction because the NY Worker\u2019s Compensation Law has exclusive [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":314,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"off","_et_pb_old_content":"","_et_gb_content_width":"","wds_primary_category":0,"footnotes":""},"categories":[3,16],"tags":[17],"_links":{"self":[{"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/posts\/313"}],"collection":[{"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/comments?post=313"}],"version-history":[{"count":0,"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/posts\/313\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/media\/314"}],"wp:attachment":[{"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/media?parent=313"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/categories?post=313"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nicoteralaw.com\/wp-json\/wp\/v2\/tags?post=313"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}