Workers' Compensation

New York: Injured Horse Farm Employee May Not Sue Employer’s Alter Ego Entity in Tort for Injuries

Where a defendant formed two single-member-owned LLCs on the same day for the purpose of operating a horse stable business, with one entity owning the real property and leasing it to the second entity, which employed the plaintiff, the real estate owner was the alter ego of plaintiff’s employer and was not subject to tort liability because of the exclusive remedy provisions set forth in N.Y. Work. Comp. Law §§ 11 and 29(6). The court observed that here, the two entities shared a common purpose, had integrated or commingled assets, sharing the same insurance policy and were otherwise jointly operated. 

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. 

See Buchwald v. 1307 Porterville Rd., LLC, 2018 N.Y. App. Div. LEXIS 2906 (Apr. 27, 2018)

See generally Larson’s Workers’ Compensation Law, § 112.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law