New York State Court of Claims

New York State Court of Claims

MICKLE v. THE STATE OF NEW YORK, #2005-015-022, Claim No. 110462, Motion No. M-69874


State employee of juvenile residential facility is relegated to Workers' Compensation remedy after being raped by resident. Motion to dismiss claim for lack of jurisdiction was unopposed.

Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Claimant's attorney:
Paul T. Devane Esquire
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Belinda A. Wagner, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
June 15, 2005
Saratoga Springs

Official citation:

Appellate results:

See also (multicaptioned case)


Defendant's motion to dismiss the claim on the grounds that Workers' Compensation benefits are the claimant's sole remedy for injuries sustained in the workplace and that the Court therefore lacks subject matter jurisdiction is granted. The claim alleges in paragraph "3" that the State of New York was negligent in that its employees "failed to protect claimant from a brutal physical assault and rape committed by a resident of Camp Cass Residential Center". The defendant asserts on the motion that on the date of the alleged incident claimant was employed by the State of New York at the Camp Cass Residential Center, a residential re-integration facility operated by the State Office of Children and Family Services in Rensselaerville, New York. It is further alleged that claimant applied for and received Workers' Compensation benefits as a result of the incident which occurred on December 28, 2004 (see defendant's Exhibit B).

The defendant now moves to dismiss the claim on the grounds that the Court lacks subject matter jurisdiction in that the claim is barred by operation of the Workers' Compensation Law. Claimant who is represented by counsel did not oppose the motion.

"[I]t is well settled that the exclusive remedy available to an employee injured in the course of employment is provided by the Workers' Compensation Law" (McKay v Ciani, 280 AD2d 808, 809; see also Workers' Compensation Law § § 10, 11, 29[6]). It is further settled law that "[t]he exclusiveness of the workers' compensation remedy against the employer established by section 11 of the Workers' Compensation Law applies to the State as well as to other employers" (Maloney v State of New York, 3 NY2d 356, 361; see also Werner v State of New York, 53 NY2d 346).

While the exclusivity of the remedy provided an injured worker vis-a-vis his or her employer is subject to certain exceptions, including instances in which the injury results from an intentional tort perpetrated by the employer or at the employer's direction (Hahne v State of New York, 290 AD2d 858), such are not the facts as alleged in the claim. Rather the claim herein alleges that claimant was assaulted and raped by a resident of the Camp Cass Residential Center and asserts that the State was negligent in failing to prevent the assault. It therefore seeks to assert a common law negligence claim against claimant's employer, the State, which is barred by the exclusivity provisions of the Workers' Compensation Law. The defendant's motion is granted and the claim is, accordingly, dismissed.

June 15, 2005
Saratoga Springs, New York

Judge of the Court of Claims

The Court considered the following papers:
  1. Notice of motion dated March 11, 2005;
  2. Affirmation of Belinda A. Wagner dated March 11, 2005 with exhibits