Practice point: Pursuant to Workers' Compensation Law §§ 11 and 29(6), an employee who is entitled to receive compensation benefits may not sue the employer.
Students should note that, similarly, the employee cannot sue a special employer.
Case: Dulak v. Heier, NY Slip Op 07509 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Torts.