Legal Opinion
Werner v. State of New York
New York Court of Appeals
Decided July 6, 1981No. Claim 57226PublishedCited by 76 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
A claimant who applies for, is awarded and accepts workers’ compensation death benefits is barred by the exclusive remedy and finality provisions of the Workers’ Compensation Law from maintaining a wrongful death action against the deceased worker’s former employer for intentional assault. The order of the Appellate Division granting the State’s motion for summary judgment dismissing the complaint should, therefore, be affirmed.
Ronald Werner was employed as a guard at the Attica Correctional Facility. Taken hostage at the beginning of the prisoner insurrection now…
2Cases cited30 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Evans v. MonaghanNew York Court of Appeals · 1954
- Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
- Venes v. Community School BoardNew York Court of Appeals · 1978
25 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Liss v. Trans Auto Systems, Inc.New York Court of Appeals · 1986
- Burlew v. American Mutual InsuranceNew York Court of Appeals · 1984
- Cunningham v. StateNew York Court of Appeals · 1983
- O'Connor v. MidiriaNew York Court of Appeals · 1982
71 more not listed; retrieve them via the Exa API.