Talcove v. Buckeye Pipe Line Co

In Talcove v. Buckeye Pipe Line Co. (247 AD2d 464) the Court found that the plaintiffs, having accepted the workers' compensation benefits, were barred from bringing a common-law action against the employer, but that the defendant coemployee of the injured plaintiff was not barred from litigating his cross claim against the employer because the requirements of collateral estoppel had not been met; the codefendant had not been a party to the Workers' Compensation Board proceeding, and had not had a full and fair opportunity to contest the earlier determination. The Court rejected the employer's argument that the contribution claim was barred by the 1996 amendment of Workers' Compensation Law 11, "since that amendment applies prospectively." (247 AD2d 464, 465.) Implicitly then, if the amendment had applied to the contribution claim, the claim would have been barred.