DUPKANICOVA v. JAMES


17 A.D.3d 627 (2005)

793 N.Y.S.2d 512

SLAVKA DUPKANICOVA, Respondent, v. VASILOFF JAMES, Appellant.

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

April 25, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was employed by the defendant as a domestic employee less than 40 hours per week when she fell from a ladder and sustained bodily injuries. The defendant reported the accident to his insurance carrier. Notwithstanding that the plaintiff did not file a claim for workers' compensation benefits, the adjuster exercised his discretion and extended benefits to the plaintiff. Thereafter...

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