TOMUSHUNAS, DEBBIE v. DESIGNCRETE OF AMERICA, LLC

Memorandum: Plaintiff commenced this action against her former employer and its principal, alleging causes of action for assault, intentional infliction of emotional distress and prima facie tort. Supreme Court properly granted defendants’ motion seeking summary judgment dismissing the complaint on the ground that the action is barred as the result of plaintiff’s receipt of workers’ compensation benefits. As plaintiff concedes, before commencing this action, she received $40,000 in workers’ compensation benefits for missing work due to illnesses and injuries resulting from the same misconduct…