Morales v. Mobil Chem., 222 A.D.2d 1040 (N.Y. App. Div. 1995). · Go Syfert
Morales v. Mobil Chem., 222 A.D.2d 1040 (N.Y. App. Div. 1995). Cases Citing This Book View Copy Cite
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Anne L. Morales
v.
Mobil Chemical, Also Known as Mobil Oil Corporation
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 1995.
222 A.D.2d 1040
Cited by 1 opinion  |  Published

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint as barred by the exclusivity provisions of the Workers’ Compensation Law. Plaintiff alleged a breach of an implied contract against her employer based upon her employer’s alleged failure to file a[*1041] contemporaneous report of her on-the-job injury. Because the filing of an injury report is conduct regulated by the Workers’ Compensation Law (see, Workers’ Compensation Law § 110), it "is subject to the protection of that law’s exclusivity” (Burlew v American Mut. Ins. Co., 63 NY2d 412, 416). (Appeal from Order of Supreme Court, Ontario County, Harvey, J. — Dismiss Complaint.) Present — Green, J. P., Lawton, Fallon, Doerr and Balio, JJ.