Mattaldi v. Beth Israel Medical Center

It is undisputed that, at the time of the attack on plaintiff, she was an employee of defendant hospital. In denying defendants’ motion for summary judgment dismissing the complaint, the motion court found that this action is not barred by the Workers’ Compensation Law because plaintiff was not in the course of her employment when she was attacked. However, the threshold question of whether plaintiff was in *235the course of her employment at the time of the attack is a matter that must in the first instance be determined by the Workers’ Compensation Board. As stated in O’Rourke v Long (41 NY2d…