In Hofweber v. Soros , Robert and Melissa Soros employed Thomas Hofweber to care for their horses, but when Hofweber was injured in an accident while on their property he sued the couple for damages.
The Soroses had a limited liability company which employed a number of people. Although Hofweber received his paycheck from the LLC, he identified the Soroses as his employers, since they alone had the power to fire him.
The Dutchess County Supreme Court granted the Soroses's request to dismiss the case because, after the accident, Hofweber received workers' compensation benefits and that was the only remedy available to him (as against his employer for work-related injuries).
On appeal, the Appellate Division, Second Department, agreed and noted that employees who receive workers' compensation benefits from a "general employer" are also precluded from commencing a negligence case against a "special employer."
Whether someone is a "special employer" turns on "who controls and directs the manner, details and ultimate result of the employee's work" and "who is responsible for the payment of wages and the furnishing of equipment, who has the right to discharge ... and whether the work ... was in furtherance of the special employer's or general employer's business."
Since the Soroses controlled Hofweber's work, the AD2 was of the view the case's dismissal was appropriate.
The neighs have it!
To download a copy of the Appellate Division's decision, please use this link: Hofweber v Soros