WORKERS’ COMPENSATION BOARD’S DETERMINATION PLAINTIFF WAS ENTITLED TO BENEFITS IN THIS SLIP AND FALL CASE WAS FINAL DESPITE HER LACK OF PARTICIPATION IN THE PROCEEDINGS, PLAINTIFF CANNOT BRING A LAWSUIT, WORKERS’ COMPENSATION BENEFITS ARE HER ONLY REMEDY.

The Second Department, reversing Supreme Court, determined the defendant church’s motion for summary judgment in this slip and fall case should have been granted. The Workers’ Compensation insurance covered volunteers. The Workers’ Compensation Board (WBC), with no participation by plaintiff, determined plaintiff was a covered volunteer and was entitled to benefits. Plaintiff then sued the church. The Second Department noted that the Workers’ Compensation Board’s finding plaintiff was a covered volunteer entitled to benefits was final because it was not appealed. The suit was therefore precluded:

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“[P]rimary jurisdiction with respect to determinations as to the applicability of the Workers’ Compensation Law has been vested in the Workers’ Compensation Board” … . “[W]here the availability of workmen’s compensation hinges upon the resolution of questions of fact or upon mixed questions of fact and law, the plaintiff may not choose the courts as the forum for the resolution of such questions” … . “[A] plaintiff has no choice but to litigate this issue before the Board” … . Thus, the question of whether a particular person is an employee within the meaning of the Workers’ Compensation Law is for the WCB to determine in the first instance … . The findings of the WCB are final and conclusive unless reversed on direct appeal … , and are not subject to collateral attack in a plenary action … . This is so even where, as here, the employer has filed a compensation claim on the employee’s behalf and the employee did not herself apply for or accept benefits … . …

Here, the church established its prima facie entitlement to judgment as a matter of law by demonstrating that the WCB rendered a final determination that the injured plaintiff was eligible for Workers’ Compensation benefits under the Diocese’s policy, thereby precluding a personal injury action against it … . In opposition, the plaintiffs failed to raise a triable issue of fact. The coverage eligibility issue was necessarily determined by the WCB in a proceeding in which the injured plaintiff had the required notice and opportunity to be heard … . Moreover, a plaintiff cannot elect to waive benefits under the Workers’ Compensation Law and proceed on a tort cause of action … . Aprile-Sci v St. Raymond of Penyafort R.C. Church, 2017 NY Slip Op 04412, 2nd Dept 6-7-17

WORKERS’ COMPENSATION LAW (EXCLUSIVE REMEDY, WORKERS’ COMPENSATION BOARD’S DETERMINATION PLAINTIFF WAS ENTITLED TO BENEFITS IN THIS SLIP AND FALL CASE WAS FINAL DESPITE HER LACK OF PARTICIPATION IN THE PROCEEDINGS, PLAINTIFF CANNOT BRING A LAWSUIT, WORKERS’ COMPENSATION BENEFITS ARE HER ONLY REMEDY)/NEGLIGENCE (WORKERS’ COMPENSATION LAW, SLIP AND FALL, WORKERS’ COMPENSATION BOARD’S DETERMINATION PLAINTIFF WAS ENTITLED TO BENEFITS IN THIS SLIP AND FALL CASE WAS FINAL DESPITE HER LACK OF PARTICIPATION IN THE PROCEEDINGS, PLAINTIFF CANNOT BRING A LAWSUIT, WORKERS’ COMPENSATION BENEFITS ARE HER ONLY REMEDY)/SLIP AND FALL (WORKERS’ COMPENSATION, NEGLIGENCE, WORKERS’ COMPENSATION BOARD’S DETERMINATION PLAINTIFF WAS ENTITLED TO BENEFITS IN THIS SLIP AND FALL CASE WAS FINAL DESPITE HER LACK OF PARTICIPATION IN THE PROCEEDINGS, PLAINTIFF CANNOT BRING A LAWSUIT, WORKERS’ COMPENSATION BENEFITS ARE HER ONLY REMEDY)