After Mario Balamos was injured performing brick-pointing work on an apartment building, he filed a negligence case against the companies responsible for the building's management and maintenance -- Savino Maintenance, LLC and Michael Savino Management.
Because Mr. Balamos had already received Workers' Compensation benefits, the Queens County Supreme Court dismissed his complaint and an appeal to the Appellate Division, Second Department, followed.
The Workers' Compensation Law shields both direct employers and "special" employers from suit. Because the Savinos had a special employment arrangement -- they hired Balamos, he was supervised by one of their employees, and the Savinos had the exclusive authority to discharge Balamos -- the AD2 thought dismissal was appropriate in this instance.
Now how special was that?
To download a copy of the Appellate Decision's decision, please use this link: Balamos v Elmhurst Realty Co. I, LLC