O'Dette v. Parton

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore CALLAHAN
Citation190 A.D.2d 1074,593 N.Y.S.2d 690
Decision Date05 February 1993
PartiesTheresa M. O'DETTE and Lawrence O'Dette, Respondents, v. Keith A. PARTON, Defendant, and County of Erie, Appellant.

Page 690

593 N.Y.S.2d 690
190 A.D.2d 1074
Theresa M. O'DETTE and Lawrence O'Dette, Respondents,
v.
Keith A. PARTON, Defendant,
and
County of Erie, Appellant.
Supreme Court, Appellate Division,
Fourth Department.
Feb. 5, 1993.

Page 691

Patrick H. Nemoyer by F. David Rusin, Buffalo, for appellant.

Weissfeld, Weissfeld & Weissfeld by Richard Weissfeld, Buffalo, for respondents.

Before [190 A.D.2d 1075] CALLAHAN, J.P., and GREEN, BALIO, FALLON and DOERR, JJ.

[190 A.D.2d 1074] MEMORANDUM:

Plaintiff Theresa M. O'Dette, an Erie County Deputy Sheriff, was injured while on routine patrol in a sheriff's patrol vehicle operated by defendant Keith A. Parton, a fellow deputy. Because the injuries were sustained in the performance of her duties, plaintiff was paid the full amount of her regular salary for the period of her disability pursuant to General Municipal Law § 207-c. Plaintiff commenced this negligence action against the County of Erie, her employer, and Parton. The County moved to dismiss, contending that plaintiff's action was barred by the exclusivity provisions of the Workers' Compensation Law. Supreme Court erred in denying that motion.

We reject plaintiff's contention that the exclusivity provisions do not apply because the benefits she received for her [190 A.D.2d 1075] work-related injuries were paid pursuant to the General Municipal Law, not the Workers' Compensation Law. In our view, it is not the receipt of benefits that implicates those provisions, but rather, it is "the right to compensation or benefits under this chapter" (Workers' Compensation Law § 29[6]. Neither party disputes the fact that, as plaintiff's employer, the County was subject to the provisions of the Workers' Compensation Law (see, Workers' Compensation Law § 2[3]; § 10). It is also uncontroverted that, absent her receipt of section 207-c benefits, plaintiff was entitled to receive Workers' Compensation benefits. Section 207-c benefits are applied for and determined in a manner identical to Workers' Compensation benefits. In addition, the municipal corporation paying those benefits receives a credit against those benefits to which the employee is entitled pursuant to the Workers' Compensation Law (see, Workers' Compensation Law § 30).

The provisions of the Workers' Compensation Law and the General Municipal Law providing for payment of benefits reveal an integrated legislative scheme that "should [not] be construed as being antagonistic and hostile in their...

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14 practice notes
  • Chemung Cnty. & the Chemung Cnty. Sheriffs' Office v. N.Y. State Law Enforcement S Union, 2018-2430
    • United States
    • United States State Supreme Court (New York)
    • May 3, 2019
    ...scheme that ‘should [not] be construed as being antagonistic and hostile in their approach to the same problem.’ " O'Dette v. Parton , 190 A.D.2d 1074, 593 N.Y.S.2d 690 (4th Dept. 1993), citing Matter of McKay v. Town of W. Seneca , 51 A.D.2d 373, 380, 381 N.Y.S.2d 892 (3rd Dept. 1976)Under......
  • Weiner v. City of N.Y.
    • United States
    • New York Supreme Court Appellate Division
    • April 26, 2011
    ...under General Municipal Law §§ 207–a (firefighters) and 207–c (police) or some other disability provision ( cf. O'Dette v. Parton, 190 A.D.2d 1074, 1075, 593 N.Y.S.2d...
  • Johnson v. Space Saver Corp.
    • United States
    • United States State Supreme Court (New York)
    • February 27, 1997
    ...third-party actions is equally applicable where benefits are paid under General Municipal Law § 207-c, relying upon O'Dette v. Parton, 190 A.D.2d 1074, 593 N.Y.S.2d 690 [4th Dept.1993], the Court does not reach this issue. In this case, "plaintiff [would] not [be] aggrieved by the dismissal......
  • Diegelman v. City of Buffalo
    • United States
    • New York Court of Appeals
    • November 21, 2016
    ...not duplicate 207–c benefits] ).2 The Appellate Division decisions relied upon by the dissent ultimately flow from O'Dette v. Parton , 190 A.D.2d 1074, 593 N.Y.S.2d 690 [4th Dept.1993], which is inapposite. In O'Dette, it was uncontroverted that the plaintiff was entitled to workers' compen......
  • Request a trial to view additional results
14 cases
  • Chemung Cnty. & the Chemung Cnty. Sheriffs' Office v. N.Y. State Law Enforcement S Union, 2018-2430
    • United States
    • United States State Supreme Court (New York)
    • May 3, 2019
    ...scheme that ‘should [not] be construed as being antagonistic and hostile in their approach to the same problem.’ " O'Dette v. Parton , 190 A.D.2d 1074, 593 N.Y.S.2d 690 (4th Dept. 1993), citing Matter of McKay v. Town of W. Seneca , 51 A.D.2d 373, 380, 381 N.Y.S.2d 892 (3rd Dept. 1976)Under......
  • Weiner v. City of N.Y.
    • United States
    • New York Supreme Court Appellate Division
    • April 26, 2011
    ...under General Municipal Law §§ 207–a (firefighters) and 207–c (police) or some other disability provision ( cf. O'Dette v. Parton, 190 A.D.2d 1074, 1075, 593 N.Y.S.2d...
  • Johnson v. Space Saver Corp.
    • United States
    • United States State Supreme Court (New York)
    • February 27, 1997
    ...third-party actions is equally applicable where benefits are paid under General Municipal Law § 207-c, relying upon O'Dette v. Parton, 190 A.D.2d 1074, 593 N.Y.S.2d 690 [4th Dept.1993], the Court does not reach this issue. In this case, "plaintiff [would] not [be] aggrieved by the dismissal......
  • Diegelman v. City of Buffalo
    • United States
    • New York Court of Appeals
    • November 21, 2016
    ...not duplicate 207–c benefits] ).2 The Appellate Division decisions relied upon by the dissent ultimately flow from O'Dette v. Parton , 190 A.D.2d 1074, 593 N.Y.S.2d 690 [4th Dept.1993], which is inapposite. In O'Dette, it was uncontroverted that the plaintiff was entitled to workers' compen......
  • Request a trial to view additional results

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