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Plaintiff commenced an action against her former employer and its principal, alleging assault, intentional infliction of emotional distress, and prima facie tort. The Supreme Court granted the defendants' motion for summary judgment, dismissing the complaint. This decision was based on the fact that the plaintiff had previously accepted $40,000 in workers' compensation benefits for illnesses and injuries stemming from the same alleged misconduct by her employer. The court held that by accepting these benefits, the plaintiff forfeited her right to pursue an intentional tort action at law, citing established legal precedent. The ruling emphasized that the settlement nature of the workers' compensation award did not alter this forfeiture.
TOMUSHUNAS, DEBBIE v. DESIGNCRETE OF AMERICA, LLC 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 an action against her former employer and its principal, alleging assault, intentional infliction of emotional distress, and prima facie tort. The Supreme Court granted the defendants' motion for summary judgment, dismissing the complaint. This decision was based on the fact that the plaintiff had previously accepted $40,000 in workers' compensation benefits for illnesses and injuries stemming from the same alleged misconduct by her employer. The court held that by accepting these benefits, the plaintiff forfeited her right to pursue an intentional tort action at law, citing established legal precedent. The ruling emphasized that the settlement nature of the workers' compensation award did not alter this forfeiture.
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