Weber v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

The Court of Appeals recently held that the award and acceptance of workers’ compensation death benefits bars a claimant from maintaining a wrongful death action against the deceased’s former employer. (Werner v State of New York, 53 NY2d 346.) In the instant case, we are called upon to examine the reverse of that issue. Namely, whether a denial of such benefits bars the former employer from asserting the Workers’ Compensation Law as a defense.

On a prior motion this court examined the allegations of the claim and the answer, discussed the applicable…