Naula v. Utokilen, LLC

Summary

The Appellate Division, Second Department dismissed Adapt Construction, LLC's appeal because it was not aggrieved by dicta concerning findings of the Workers' Compensation Board. The court affirmed the denial of Specialized Dental Construction, Inc.'s summary judgment motion and the dismissal of its Workers' Compensation Law § 11 exclusivity defenses, holding that the employer could not invoke those protections because it lacked workers' compensation insurance at the time of the accident.

Holdings

1. An employer cannot benefit from the protections of Workers' Compensation Law § 11 against third-party liability when it fails to secure workers' compensation insurance. Therefore, Specialized Dental's affirmative defense based on § 11 was properly dismissed, and its motion for summary judgment dismissing the third-party complaint was properly denied.
2. A party is not aggrieved merely because it disagrees with the particular findings, rationale, or opinion supporting a judgment or order; therefore, Adapt's appeal is dismissed.

Questions Presented

1. Whether Specialized Dental, as an employer that failed to secure workers' compensation insurance, may invoke the exclusivity provisions of Workers' Compensation Law § 11 to bar third-party claims for indemnification and contribution.
2. Whether Adapt is aggrieved by portions of the order containing the Workers' Compensation Board's finding that Adapt was a general contractor, so as to have standing to appeal.

Disposition

affirmed