[Download] "Mildred A. Billy v. Consolidated Machine Tool Corporation Et Al." by Court of Appeals of New York # Book PDF Kindle ePub Free

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eBook details

• Title: Mildred A. Billy v. Consolidated Machine Tool Corporation Et Al.
• Author : Court of Appeals of New York
• Release Date : January 21, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

As a general rule, when an employee is injured in the course of his employment, his sole remedy against his employer lies in his entitlement to a recovery under the Workers Compensation Law (Workers Compensation Law, § 11). In our previous decisions, we have adhered strictly to this basic rule and have declined to recognize exceptions, even when the liability is purportedly premised upon conduct of the employer acting in a capacity other than that of employer (e.g., Williams v Hartshorn, 296 NY 49; Winter v Doelger Brewing Co., 175 App Div 796, affd without opn 226 NY 581). We have not previously been called upon to consider, however, a situation in which the employers liability, if any, is alleged to have arisen solely from its independent assumption, by contract or operation of law, of the obligations and liabilities of a third-party tort-feasor. Having examined all of the relevant precedent as well as the firmly rooted policies underlying the Workers Compensation Law, we conclude that, in such situations, the exclusivity provisions of that statute do not bar a common-law action against the employer for injuries sustained by an employee in the course of his employment.

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