Labor & Employment Law

Court of Claims lacks jurisdiction to hear workers? compensation benefit appeal

By Harvey Randall, Esq.

Court of Claims lacks jurisdiction to hear workers? compensation benefit appeal
McGuinness v New York State Workers? Compensation Board, 41 A.D.3d 557, Appellate Division, Second Department

Hugh G. McGuinness filed a petition with the Court of Claims seeking its review of various determinations made by the New York State Workers? Compensation Board and an order compelling the Board to direct an insurance company to resume payment of benefits to McGuinness for a disability allegedly involving an occupational disease.

Court of Claims Judge Melvin L. Schweitzer dismissed the petition ?for lack of subject matter jurisdiction.? The Appellate Division affirmed Judge Schweitzer?s determination.

The Appellate Division noted that the primary jurisdiction of the Court of Claims ?is limited to actions seeking money damages against the State in appropriation, contract or tort cases.? In contrast, said the court, Supreme Court has jurisdiction over proceedings challenging an administrative agency?s determination.

In addition, the Appellate Division noted that Section 8 of the Court of Claims Act ?expressly provides that the State?s waiver of immunity from liability does not affect any provision of the Workers? Compensation Law.?

As to challenging a determination involving workers? compensation benefits, Section 23 of the Workers? Compensation Law provides for the review of an award or decision of the Workers? Compensation Board ?by taking an appeal to the Appellate Division, Third Department.?

Thus, the Court of Claims does not have subject matter jurisdiction over McGuinness? claim, which, in effect, seeks review of prior determinations of the Board, and to compel the Board to direct an insurance company to resume payment of benefits to the claimant for a disability caused by an occupational disease.

Full post as published by New York Public Personnel Law on March 25, 2008 (boomark / email).