A New York appellate court ruled that the exclusive remedy provision of the Workers’ Compensation Law did not bar a civil suit by a van driver against an alleged co-employee for negligently maintaining the vehicle.
Case: Chiloyan v. Chiloyan, No. 2019-12546, 08/18/2021, published.
Facts: In 2010, Eduard Chiloyan entered an "independent contractor agreement" to lease a van for transporting passengers for R.W. Express LLC.
Chiloyan formed Van Air Service Inc., which was registered in his name, for the purpose of operating for R.W. Express.
Eduard and Vanik Chiloyan ...
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