New York: Injured Employee May Not Sue Management Services Company in Tort

Where a management services company provided training and some supervision to a hospital’s housekeeping staff, but the hospital continued to pay the housekeepers, hire and fire them, and subject them to employment rules according to hospital policies, those housekeepers remained the hospital’s employees and were not the employees of the management services company, held a New York appellate court. Accordingly, where a hospital employee slipped on a slick floor, she could not sue the management services company on the theory that its supervision of the housekeeping staff had allowed for a dangerous condition. Any tort that had been committed was committed by the plaintiff’s co-employee and, therefore, the action was barred by the exclusive remedy provisions of the New York Act.

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

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Allen v. Hegger v. Valley Farm Dairy Co., 2020 Mo. LEXIS 55 (Feb. 19, 2020)

See generally Larson’s Workers’ Compensation Law, § 111.03.

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

For a more detailed discussion of the case, see

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