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Plaintiff commenced a negligence action to recover damages for injuries sustained from a dog attack on her employer's premises. The defendants moved to dismiss, asserting workers' compensation benefits as the exclusive remedy. The Supreme Court, Erie County, denied the motion. On appeal, the court concluded that the Supreme Court erred in entertaining the motion, as primary jurisdiction for determining the applicability of the Workers' Compensation Law rests with the Workers' Compensation Board. The appellate court reversed the order, holding that questions regarding the scope of plaintiff's and individual defendants' employment in relation to the dog must be determined by the Board in the first instance. The matter was remitted to the Supreme Court to refer the motion to the Board for a determination of the plaintiff's rights to workers' compensation benefits.
BROWN, BRENDA C. v. HALL, DEBORAH A. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiff commenced a negligence action to recover damages for injuries sustained from a dog attack on her employer's premises. The defendants moved to dismiss, asserting workers' compensation benefits as the exclusive remedy. The Supreme Court, Erie County, denied the motion. On appeal, the court concluded that the Supreme Court erred in entertaining the motion, as primary jurisdiction for determining the applicability of the Workers' Compensation Law rests with the Workers' Compensation Board. The appellate court reversed the order, holding that questions regarding the scope of plaintiff's and individual defendants' employment in relation to the dog must be determined by the Board in the first instance. The matter was remitted to the Supreme Court to refer the motion to the Board for a determination of the plaintiff's rights to workers' compensation benefits.
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