Primary jurisdiction regarding the applicability of the Workers' Compensation Law is vested in the Workers' Compensation Board, and the court cannot express its view on the matter pending the Board's determination as to its jurisdiction. Here, there is a question of fact as to whether the plaintiff was injured during the course of her employment, and so the court must refer the matter to the Workers' Compensation Board.
Chin v. Doherty Enters., NY Slip Op 04532 (2d Dep't July 13, 2022)
