IN THE MATTER OF FISHER v. KJ TRANSPORTATION


27 A.D.3d 934 (2006)

811 N.Y.S.2d 476

In the Matter of the Claim of WILLIAM E. FISHER, Respondent, v. KJ TRANSPORTATION, Appellant, and GREAT AMERICAN INSURANCE COMPANY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

March 16, 2006.


Lahtinen, J.

Claimant was hired as a tractor-trailer driver by KJ Transportation (hereinafter KJT) in August 2001. Shortly thereafter, KJT filed for protection under federal bankruptcy rules affecting its ability to obtain workers' compensation insurance. As a result, in January 2002, KJT entered into a written agreement with Omne Staffing, Inc. whereby KJT's employees purportedly became employees of Omne, which, in turn, secured the necessary workers' compensation...

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