Claim of Lopez v. City University
Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed August 17, 2001, which, inter alia, ruled that claimant was engaged in covered employment under the Workers’ Compensation Law.
On December 1, 1989, while a student at Bronx Community College, claimant was working as an assistant student helper at the learning center when she injured her left hand while attempting to close a door in the ladies’ bathroom. She filed a claim for workers’ compensation benefits which was contro
Thereafter, on October 15, 1997, the WCLJ found that claimant was an employee of the College and her case was established for accident, notice and causal relationship. The employer appealed on the ground, inter alia, that the WCLJ’s decision did not address whether claimant was engaged in covered employment within the meaning of the Workers’ Compensation Law. On June 22, 2000, the Workers’ Compensation Board affirmed the decision of the WCLJ. Thereafter, on August 17, 2001, the Board issued an amended decision which superceded its prior decision and specifically found that claimant was engaged in covered employment under the Workers’ Compensation Law. The employer appeals.
The employer maintains that in order for claimant to be engaged in covered employment under the Workers’ Compensation Law, she must have been involved in hazardous employment (see Workers’ Compensation Law § 3 [1]) or the employer must have voluntarily extended coverage to her (see Workers’ Compensation Law § 3 [1] [Group 19]). The employer asserts that since neither of these conditions was met, claimant is not covered. Although Workers’ Compensation Law § 3 specifies the types of employment to which the statute applies, Workers’ Compensation Law § 21 (1) contains a strong statutory presumption that “in the absence of substantial evidence to the contrary * * * the claim comes within the provision of [the Workers’ Compensation Law].” Since the employer did not put forth evidence to rebut this statutory presumption, we find its argument unpersuasive. Indeed, while the employer was
Crew III, J.P., Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
The College is part of the City University of New York and the City of New York is the self-insured employer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.