Opinion
October 2, 1989
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
It is well settled that where an employee has been awarded, and has accepted, workers' compensation benefits, she may not claim that the accident in which she was injured did not occur in the course of her employment and maintain an action against her employer or any coemployee involved (see, Mylroie v GAF Corp., 55 N.Y.2d 893). Since an award was made herein, "it necessarily follows that the [Workers'] Compensation Board determined that an employer-employee relationship obtained and, further, that the [accident in which the plaintiff was injured] arose out of and in the course of claimant['s] employment" (see, Velasquez v Pine Grove Resort Ranch, 61 A.D.2d 1102, 1103). Because she accepted benefits under the Workers' Compensation Law, the plaintiff cannot thereafter collaterally attack the award in an action at law and assert that the accident in which she was injured did not occur in the course of her employment (see, Cunningham v State of New York, 60 N.Y.2d 248). Therefore, this action is barred by the exclusivity provisions of the Workers' Compensation Law §§ 10, 11 and 29 (6) (see, Heritage v Van Patten, 90 A.D.2d 936, affd 59 N.Y.2d 1017). Eiber, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.