Judge Read recently wrote a wonderfully logical decision for the New York Court of Appeals in Boles v. Dormers Giant, Inc., concerning the applicability of the workers’ compensation bar to third-party actions where  the employer has failed to provide its employees benefits.   The Court held that an employer is not immune from a third-party action pursuant to Workers’ Compensation Law sec. 11 where it fails to provide workers’ compensation benefits to its employees.

Read this cogent opinion for a reiteration of the Legistive history of the amendments to the Workers’ Compensation Law in 1996.