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Workers compensation defense upheld again

Devonshire Surgical Facility, L.L.C. v Hereford Ins. Co., 2010 NY Slip Op 52297(U)(2d Dept. 2010)

“Therefore, resolution of the factual question presented on this record “is best suited for determination by the [Workers’ Compensation] Board, given its expertise in the area” (Arvatz, 171 AD2d at 269), and the parties’ respective summary judgment motions should have been held in abeyance pending a determination by the Workers’ Compensation Board as to the applicability of the Workers’ Compensation Law to plaintiffs’ claim”