New York Workers' Comp Board July 2006 Panel Decision

The New York Workers' Compensation Board was asked by FedEx Ground to review an earlier Judge's decision that a FedEx Home Delivery driver was found to be an employee. 

The original injury occurred in January 2004.  Interestingly, this claimant also had an injury while working at RPS in 1995.  In that case, the Board Panel found the driver to be properly classified as a contractor and ineligible for benefits.  The Workers' Compensation Law Judge ruled in September 2005 that the claimant was an employee.  The Board Panel in 2006 stated, "The predominate factors pertaining to the relative nature of the claimant's work activities support a finding that the claimant was an employee of FedEx Home Delivery."  The Board Panel concluded, "These facts were sufficient to show that the claimant was an employee, despite the fact that he signed a document stating he was an independent contractor and was issued a form 1099 for income tax purposes."

The Board Panel decision was unanimous and issed in July 2006.  FedEx Ground did not appeal the Panel's decision to the Supreme Court of New York Appellate Division Third Division.