New York: Eucharistic Volunteer Trips at Altar and in Court—Tort Suit is Barred by Exclusive Remedy Rule

A volunteer at a Roman Catholic church, who on occasion helped distribute the Eucharistic elements, may not sue the church in tort for injuries that she sustained when she tripped and fell over an exposed power cord near the church altar; her negligence action was barred by the exclusive remedy provisions of the New York Workers’ Compensation Law. The church was self-insured, with coverage that extended to church volunteers. Following the volunteer’s injury, the church applied to Board for a determination of the injured volunteer’s eligibility for benefits. The volunteer failed to respond, and the Board determined that the volunteer had a work-related injury and was entitled to benefits. That determination was sufficient to bar the volunteers subsequent civil action against the church, held the Court.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Aprile-Sci v St. Raymond of Penyafort R.C. Church, 2017 N.Y. App. Div. LEXIS 4332 (2nd Dept., June 7, 2017)

See generally Larson’s Workers’ Compensation Law, § 100.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

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