The Appellate Division, Second Department in Baldwin v. City of New York addressed an interesting tweak on a workers’ compensation law issue.  The plaintiff previously injured himself while within the scope of his employment, applied for workers’ compensation benefits, and received them.  The plaintiff was being transported to physical therapy by one of his employer’s ambulette’s when his injuries were aggravated by an automobile accident. 

The defendant employer moved for summary judgment in a personal-injury action that the plaintiff commenced regarding his aggravated injuries.  It argued that the plaintiff’s injuries were from only the original, work-related accident.  The Second Department held that issues of fact existed on whether the subsequent accident aggravated the injuries.  The Court noted that a "plaintiff’s application for, and acceptance of, Workers’
Compensation benefits d[oes] not preclude him [or her] from bringing a
separate common-law action to recover damages based on the subsequent
acts of negligence which result[] in the aggravation of his [or her]
work-related injuries where the aggravation of the injuries did not
arise out of or in the course of the plaintiff’s employment."