Claim of Morris v. Cleanco Industrial Services, Inc.
This case involves an appeal from a Workers’ Compensation Board decision concerning whether a claimant waived his Federal rights under Workers’ Compensation Law § 113. The claimant sustained a knee injury while working on a ship and initially sought New York State workers' compensation benefits, which he received. Subsequently, he filed a Federal claim under the Longshoremen’s and Harbor Workers’ Compensation Act. The employer and its carrier contended that by pursuing State benefits, the claimant waived his Federal remedies. The State board ruled that accepting State benefits did not constitute a waiver of the right to seek Federal benefits. This appellate court affirmed the board's determination, finding it supported by substantial evidence.