Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-Worker

In an unusual case with an interesting twist, a New York appellate court yesterday affirmed a decision by a state trial court that denied a defendant's motion for summary judgment in a civil action filed against the defendant by a co-worker who alleged he had sustained injuries when, as the plaintiff attempted to sit down at work, the defendant pulled the chair out from under him, causing the plaintiff to fall [Donnelly v. Christian, 2020 N.Y. App. Div. LEXIS 2328 (1st Dept., April 16, 2020]. The appellate court acknowledged that the New York Workers' Compensation Board had already determined that plaintiff sustained a work-related injury. Issues of fact precluded summary judgment, however, agreed to the appellate court.

Appellate Court's Rationale

The appellate court observed that under N.Y. Workers' Comp. Law § 11, an employee's rights to workers' compensation benefits was his or her exclusive remedy against his employer or coemployee for injuries sustained during his employment. The court stressed, however, that § 11 did not prevent an employee from recovering for intentional torts, such as an assault. The court said there were issues of fact as to whether the defendant's conduct placed the plaintiff in "imminent apprehension of harmful contact." Summary judgment was not appropriate.