Practice point: The Appellate Division determined that the defendant had established its prima facie entitlement to judgment as a matter of law on the basis that the exclusivity provisions of the Workers' Compensation Law barred the plaintiff from seeking a recovery in tort against it. In opposition, the plaintiff failed to raise a triable issue of fact, and the Appellate Division reversed the motion court and dismissed the complaint.
In support of its motion to dismiss, the defendant presented evidence
that the plaintiff was its employee at the time of the accident; that
the accident occurred during the course of the plaintiff's employment;
and that the plaintiff applied for, was awarded, and has received
Workers' Compensation benefits.
Student note: Generally, Workers' Compensation benefits are the sole and exclusive remedy of an employee against an employer for any damages sustained from injury or death arising out of and in the course of employment.
Case: Mateo v. 1875 Lexington, LLC, NY Slip Op 09656 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: A deficient notice of claim.