Employer Must Show Workers’ Compensation Board Approved a Settlement with the Plaintiff In Order to Be Entitled to Summary Judgment Dismissing Plaintiff ‘s Subsequent Damages Suit (Plaintiff-Employee Is Not Entitled to Both Workers’ Compensation Benefits and Damages But an Unapproved Settlement Is Not Binding)

The Second Department determined defendant employer’s motion for summary judgment dismissing the plaintiff-employee’s personal injury complaint was properly denied.  Although the defendant and the employer had reached a settlement, the Workers’ Compensation Board never approved the settlement.  Without demonstrating the board approved the settlement, the employer was not entitled to summary judgment. An unapproved settlement is not binding on the parties:

Workers’ Compensation Law §§ 11 and 29(6) provide that an employee who elects to receive compensation benefits may not sue his or her employer in an action at law for the injuries sustained” … . A defendant moving for summary judgment based on the exclusivity defense of the Workers’ Compensation Law must demonstrate, prima facie, the applicability of the exclusivity provisions of the Workers’ Compensation Law … . Workers’ Compensation Law § 32 provides, in relevant part, that once a claim has been filed, the claimant, the employer and its carrier may enter into “an agreement settling upon and determining the compensation and other benefits due to the claimant” (Workers’ Compensation Law § 32[a]). However, that statute also provides that the “agreement shall not bind the parties to it, unless it is approved by the board” (Workers’ Compensation Law § 32[a]). While a plaintiff cannot receive both the benefits of Workers’ Compensation and damages in an action at law …, here, the defendant failed to establish that a settlement agreement reached by the parties was approved by the Workers’ Compensation Board. Smith-Lerner v Art Students League of NY, 2014 NY Slip Op 04476, 2nd Dept 6-18-14