53 N.Y.2d 346 (1981)
Acceptance of workers’ compensation benefits bars a claimant from pursuing a separate wrongful death action against the employer for intentional assault, due to the exclusive remedy provision of the Workers’ Compensation Law.
Summary
Juanita Werner, widow of a deceased Attica prison guard, Ronald Werner, filed for and accepted workers’ compensation benefits following his death during the Attica uprising. Subsequently, she filed a claim against the State for wrongful death, alleging intentional assault. The New York Court of Appeals held that because Werner accepted workers’ compensation benefits, she was barred from pursuing a separate action against the State for intentional assault. The court reasoned that the Workers’ Compensation Law provides an exclusive remedy, and accepting benefits constitutes an election of that remedy, precluding a separate tort action.
Facts
Ronald Werner, a guard at Attica Correctional Facility, was killed during the 1971 Attica uprising. His widow, Juanita Werner, filed a claim for workers’ compensation benefits on behalf of herself and her children. She received and accepted these benefits until she remarried. Subsequently, Werner filed a claim against the State, alleging negligence and intentional assault, claiming her husband’s death was caused by a State Police Officer. She alleged the officer “willfully and intentionally assaulted and battered the Claimant’s decedent by firing several shots of a gun at Claimant’s decedent…thereby causing his death.”
Procedural History
The State moved to dismiss the claim. The Court of Claims dismissed the negligence claim but denied the motion regarding the intentional assault claim. The State’s appeal of this decision was not perfected. The State then moved for summary judgment based on Werner’s receipt of compensation benefits. The Court of Claims denied this motion, but the Appellate Division reversed, granting summary judgment to the State, distinguishing Jones v. State of New York because in Jones, the claimant had not applied for or accepted compensation benefits. Werner appealed to the Court of Appeals.
Issue(s)
Whether acceptance of workers’ compensation benefits forecloses a wrongful death action against the State for intentional assault.
Holding
Yes, because the Workers’ Compensation Law provides an exclusive remedy, and accepting benefits constitutes an election of that remedy, precluding a separate tort action.
Court’s Reasoning
The court relied on the exclusivity provisions of the Workers’ Compensation Law, particularly sections 11, 23, and 29. Section 11 states that the employer’s liability under the law is exclusive. Section 23 states that the Workers’ Compensation Board’s decisions are final and conclusive. Section 29(6) provides that compensation benefits are the exclusive remedy when an employee is injured or killed by the wrong of another in the same employ. The court stated, “The combination of those provisions requires affirmance of the Appellate Division’s order.” It emphasized that because Werner accepted compensation benefits, she was bound by the Board’s finding that her husband’s death was accidental and occurred in the course of his employment. This finding is binding due to section 23 of the Workers’ Compensation Law and principles of res judicata, which apply to administrative determinations. The court reasoned that permitting a separate action for intentional assault would allow for duplicative recoveries, which the Workers’ Compensation Law aims to prevent. The court cited Legault v. Brown, 283 App. Div. 303, which held that an employee who avails themselves of workers’ compensation benefits loses the right to a common-law action. The court acknowledged that Werner might have been misled into filing for compensation but indicated her recourse was to petition the Board to rescind its prior decision under section 123, but until such action, the award bars her action for assault.