Diegelman v. City of Buffalo

Claimant, a former police officer employed by the City of Buffalo, alleged that exposure to asbestos occurred during his employment, later leading to his diagnosis of mesothelioma. Claimant and his wife commenced this proceeding seeking permission to serve a late notice of claim on the City. The City argued, in opposition, that leave should be denied because N.Y. Gen. Mun. Law 207-c provides the exclusive remedy for the alleged work-related remedies. The Appellate Division denied the application. At issue on appeal was whether a police officer who is entitled to receive benefits under section 207-c for a duty-related injury is barred from bringing a claim against his or her employer under N.Y. Gen. Mun. Law 205-e. The Court of Appeals reversed, holding that section 205-e does not bar a lawsuit by a police officer who suffers a line-of-duty injury caused by the employer’s statutory or regulatory violations when that police officer is employed by a municipality that has elected not to provide coverage pursuant to the Workers’ Compensation Law. View "Diegelman v. City of Buffalo" on Justia Law