Gordon Rees Scully Mansukhani New York Partner Joseph Salvo and Senior Counsel Thomas Fanizzi prevailed on a pre-answer motion to dismiss made on behalf of GRSM’s educational institution client, predicated on the New York State Workers’ Compensation Law’s prohibition of claims made against a plaintiff’s special employer.
The plaintiff’s claim involved an alleged fall from a ladder while performing work for the educational institution. However, the GRSM team was able to demonstrate that at the time of the accident, the plaintiff was a special employee, employed as a temporary substitute teacher for GRSM’s educational institution client through his general employer, a temporary staffing agency. It was undisputed that the staffing agency provided substitute teaching placements to schools like the educational institution but did not deliver instructions or supervision regarding the plaintiff’s work. The GRSM team argued that the claims made against the firm’s client were therefore barred pursuant to the New York State Workers’ Compensation Law because a special employment relationship manifested between the plaintiff and the educational institution. In support of their argument, the GRSM team submitted testimony elicited from the plaintiff during a pre-action hearing held pursuant to New York Education Law, confirming the special employment relationship.
After oral arguments presented to the Supreme Court, New York County, the GRSM team secured a complete dismissal of the claims, with prejudice. The court agreed with each of the arguments advanced, finding that a special employee relationship had manifested and that the claim was therefore barred.
The favorable result secured by GRSM’s Employment practice on behalf of the client highlights the practical impact and nuance of the New York State Workers’ Compensation Law that extends to protect entities that qualify as a special employer.