Wade Clark Mulcahy LLP

<p style="text-align: justify;">In New York, jurisdiction concerning Workers Compensation Law belongs to the Workers Compensation Board. In <em><a href="https://www.wcmlaw.com/wp-content/uploads/2023/02/Lall-v-Harnick.pdf">Lall v. Harnick</a></em>, plaintiff was injured when she fell at a property owned by defendants. Defendants moved for summary judgment dismissing the complaint, arguing that plaintiff was an employee at the property and therefore the Workers Compensation Law provided the exclusive remedy.</p>
<p style="text-align: justify;">New York Appellate Court reversed the lower court’s decision denying defendant’s summary judgment as premature. The Appellate Court held that where the issue is applicability of the Workers Compensation Law, a court should not express an opinion as to availability of compensation and should refer the matter to the Workers Compensation Board. The Board’s disposition of a plaintiff’s claim is a jurisdictional predicate to filing a civil action.</p>
<p style="text-align: justify;">This reinforces the Workers Compensation Law and will put the burden on plaintiff’s injured in the workplace to first litigate such injuries before the Workers Compensation Board and not the Supreme Court.</p>
<p style="text-align: justify;">Thanks to Jennifer Tuz for her contribution to this post. Please contact <a href="haquino@wcmlaw.com">Heather Aquino</a> with any questions.</p>