| O'Connor v City of New York |
| 2007 NY Slip Op 50689(U) [15 Misc 3d 132(A)] |
| Decided on April 2, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered February 27, 2006. The order granted defendant's motion to dismiss the action.
Order affirmed without costs.
Plaintiff brought the instant small claims action against defendant to recover for allegedly unpaid medical and transportation expenses incurred as a result of a work-related injury for which he had a claim before the Workers' Compensation Board. Defendant moved to dismiss the action based upon lack of subject matter jurisdiction, and plaintiff opposed. The court below granted the motion to dismiss.
The Workers' Compensation Board has exclusive jurisdiction to hear and determine plaintiff's claim for workers' compensation benefits (Powers v Porcelain Insulator Corp., 285 NY 54 [1941]; Pierce v Kellert, 34 AD2d 612 [1970]; 110 NY Jur 2d, Workers' Compensation § 623). If plaintiff is contesting a determination of the Workers' Compensation Board, he must seek internal administrative review or pursue an appeal to the Appellate Division, Third Department, as provided by Workers' Compensation Law § 23.
Pesce, P.J., Weston Patterson and Rios, JJ., concur.
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Decision Date: April 02, 2007