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MATTER OF BLAIR v. BAILEY

279 A.D.2d 941 (2001)

719 N.Y.S.2d 757

In the Matter of the Claim of AINSLEY BLAIR, Claimant, v. PERCIVAL BAILEY, Doing Business as NEW LAUNDROMAT, Appellant. UNINSURED EMPLOYERS' FUND, Respondent; WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 25, 2001.

Mugglin, J.

As claimant sat in the office area of the New Laundromat, owned by Percival Bailey, he was shot by Bailey's son, rendering him paralyzed from the chest down. Following the conclusion of the initial fact-finding hearing and despite finding that claimant failed to substantiate his claim that an employer-employee relationship existed, the Workers' Compensation Law Judge (hereinafter WCLJ) restored the matter to the calendar for further evidence. The employer...

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