O'CONNOR v. MIDIRIA


55 N.Y.2d 538 (1982)

Michaeline O'Connor et al., Appellants, v. Anthony Midiria et al., Respondents.

Court of Appeals of the State of New York.

Decided May 11, 1982.


Attorney(s) appearing for the Case

Robert A. Di Nieri for appellants.

Sam C. Bonney for Anthony Midiria, respondent.

James R. Sullivan for Michael Kane and another, respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.


Per Curiam.

The Workers' Compensation Board having properly acquired jurisdiction with respect to an employee's injuries, the board's determination that those injuries were accidental and occurred within the course of her employment is binding between the parties under the exclusive remedy and finality provisions of the Workers' Compensation Law and, even though the employee did not herself apply for or accept benefits...

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