Legal Opinion
Burlew v. American Mutual Insurance
New York Court of Appeals
Decided November 27, 1984PublishedCited by 78 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
In addition to providing relief for work-related injuries, the Workers’ Compensation Law also regulates the *415processing of claims. Injuries allegedly occurring as a result of an employer’s delay in authorizing surgery are subject to the exclusive remedies provided in that legislative plan. To the extent that an insurance carrier is merely acting in the employer’s stead in processing claims, it, too, may assert the exclusivity of the statutory remedies in defense to a negligence action asserted by an injured worker.
Plaintiff Bernice Burlew was injured on…
2Cases cited5 opinions
- Fischer v. MaloneyNew York Court of Appeals · 1978
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Werner v. State of New YorkNew York Court of Appeals · 1981
- Jones v. State of New YorkNew York Court of Appeals · 1973
- Shine v. Duncan Petroleum Transport, Inc.New York Court of Appeals · 1983
3Cited by78 opinions
- Howell v. New York Post Co.New York Court of Appeals · 1993
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Torres v. PisanoCourt of Appeals for the Second Circuit · 1997
- Torres v. PisanoCourt of Appeals for the Second Circuit · 1997
- Texas Mutual Insurance Co. v. RuttigerTexas Supreme Court · 2012
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