On February 6, 2020, R.H.'s husband, (an employee of the defendants), was directed to fire G.O.S. Following the termination, G.O.S. allegedly followed R.H.'s husband to another location and shot him to death.
When R.H. later filed a wrongful death case against the employer with the Rockland County Supreme Court, she alleged that the defendants had been negligent in failing to provide adequate safety and security measures. However, when the defendants moved to dismiss the complaint, they argued that the Workers’ Compensation Law barred the action. And because workers’ compensation benefits were the “exclusive remedy” for injuries sustained in the course of employment, the judge assigned to the matter sided with the defendants and dismissed the case.
On appeal, the Appellate Division, Second Department, concurred with the lower court's analysis and affirmed the dismissal.
All that work for nothing?
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DECISION