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Plaintiff’s Recovery for On-the-Job Injury Against “Alter Ego” of Plaintiff’s Employer Limited to Workers’ Compensation

The Second Department determined that defendant’s status as the “alter ego” of plaintiff’s employer limited plaintiff’s recovery for job-related injury to Workers’ Compensation:

“The protection against lawsuits brought by injured workers which is afforded to employers by Workers’ Compensation Law §§ 11 and 29(6) also extends to entities which are alter egos of the entity which employs the plaintiff” … . “A defendant moving for summary judgment based on the exclusivity defense of the Workers’ Compensation Law under this theory must show, prima facie, that it was the alter ego of the plaintiff’s employer” … . “A defendant may establish itself as the alter ego of a plaintiff’s employer by demonstrating that one of the entities controls the other or that the two operate as a single integrated entity” … .

Here, the defendant demonstrated its prima facie entitlement to judgment as a matter of law by establishing that it was the alter ego of the plaintiff’s employer, since the two companies operated as a single integrated entity … . Haines v Verazzano of Dutchess, LLC, 2015 NY Slip Op 06214, 2nd Dept 7-22-15

 

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