HEALEY v. ALL-INN TRUCKING, INC.


205 A.D.2d 359 (1994)

613 N.Y.S.2d 593

George Healey, Jr., Respondent, v. All-Inn Trucking, Inc., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 14, 1994


As the IAS Court held, where the Workers' Compensation Board finds injuries to be outside the purview of the Workers' Compensation Law, an employer who participated in the hearing before the Board cannot assert the affirmative defense of compensation coverage in an ensuing civil action (Liss v Trans Auto Sys., 68 N.Y.2d 15, 21). Appellant's proper venue of redress is an administrative...

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