Legal Opinion
Bradley v. St. Charles Hospital
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1988PublishedCited by 7 opinions
1Opinion of the Court
The appellant interposed the defense that the action was barred by the Workers’ Compensation Law. Although the hospital maintained a workers’ compensation policy, there is *404no indication that an application for benefits under the statute was ever made. The Workers’ Compensation Board has primary jurisdiction with respect to determinations of the applicability of the statute. Therefore, it is inappropriate for the courts to express any views as to the merits pending determination by the Board (see, Botwinick v Ogden, 59 NY2d 909; O’Rourke v Long, 41 NY2d 219). Consequently, the matter is…
2Cases cited5 opinions
- Botwinick v. OgdenNew York Court of Appeals · 1983
- Davis v. City of New YorkNew York Court of Appeals · 1975
- Twitchell v. MacKayAppellate Division of the Supreme Court of the State of New York · 1980
- LoDico v. CaputiAppellate Division of the Supreme Court of the State of New York · 1987
- Peckham v. Peckham Materials Corp.Appellate Division of the Supreme Court of the State of New York · 1984
3Cited by7 opinions
- Lee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Hickey v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
- Heller v. Peekskill Community HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Sosnoff v. JackmanAppellate Division of the Supreme Court of the State of New York · 2007
- Fraser v. Brunswick Hospital Medical Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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