Practice point: Workers' compensation is the exclusive remedy for damages resulting from an injury arising out of and in the course of employment.
Students should note that if the injured worker elects to receive Workers' Compensation benefits from the general employer, there is no action at law against a special employer, pursuant to Workers' Compensation Law § 29[6].
Case: Franco v. Kaled Mgt. Corp., NY Slip Op 05512 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Contracts.
