Labor & Employment Law

Workers? Compensation Board to determine if WCL provides exclusive remedy

Workers? Compensation Board to determine if WCL provides exclusive remedy
Barbara Catapane v Half Hollow Hills Cent. School Dist., 45 A.D.3d 517

Barbara Catapane was employed at the Half Hollow Hills Central School District?s Otsego Elementary School. Catapane was injured when her car was struck by a bus owned by the district and operated by another district employee, James M. Campbell. Catapane had just exited the faculty parking lot at the end of the school day and was still on school property when the accident occurred. She sued the district and Campbell for the personal injury she suffered as a result of the accident.

The school district and Campbell asked to have her lawsuit dismissed on the theory that she was injured in the course of her employment, and thus her action was barred by the exclusivity provision of the Workers? Compensation Law.

When Supreme Court denied the motion, the district and Campbell appealed.

The Appellate Division reversed the Supreme Court?s ruling, holding that ?[P]rimary jurisdiction with respect to determinations as to the applicability of the Workers? Compensation Law has been vested in the Workers? Compensation Board and . . . it is therefore inappropriate for the courts to express views with respect thereto pending determination by the board.?

In this instance, said the court, the Supreme Court ?should have referred the matter to the Workers? Compensation Board for a hearing and determination as to whether or not [Catapane] is relegated to benefits under the Workers? Compensation Law.?

Full post as published by New York Public Personnel Law on May 12, 2008 (boomark / email).