Section 118-A of the Worker’s Compensation law went into effect on Dec. 30, 2022. It eliminates the collateral estoppel effect of a workers’ compensation board decision in any other action involving the same subject matter that has a prior determination from an administrative board. The exception provided is only for a determination of the existence of an employer/employee relationship.
Relevant Background
On Sept. 15, 2021, the Second Department held in Lennon v. 56th & Park NY Owner, LLC that a plaintiff’s claim may be barred by the doctrine of collateral estoppel when there is a prior determination from an administrative board involving the same subject matter. Lennon v. 56th & Park NY Owner, LLC, 153 N.Y.S.3d 535, 538 (2d Dept. 2021).
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