Summary:

The Appellate Division affirmed a hearing officer’s decision imposing upon a construction company the obligation to secure the payment of compensation for all of its employees, despite the fact that some of the employees were predetermined to be independent contractors by the Board. The Appellate Division also concluded that there was competent evidence to support the hearing officer’s finding that certain of the individuals predetermined to be independent contractors were, in fact, employees. However, the Board found that, because the penalty provision of section 105–A(3) is ambiguous, a penalty cannot be imposed on an employer in the construction industry, particularly in a case where a predetermination of independent contractor status has been made.

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