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Employer's Subsidiary Fails to Raise Viable Exclusivity Defense to Worker's Claim

Tuesday, October 31, 2023 | 0

A New York appellate court ruled that the exclusive remedy provision of the Workers’ Compensation Law did not bar an employee’s civil suit against her employer’s wholly owned subsidiary. Case: Alberico v. Riverside Unit C, No. 154621/16, 10/17/2023, published. Facts: Amanda Alberico worked for Nest Seekers International LLC. Riverside Unit C LLC is a wholly owned subsidiary of Nest. Procedural history: Alberico filed a civil suit against Riverside, seeking damages for personal injuries. Riverside moved to dismiss, contending her claims were barred by the exclusivity provis...

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