Pedro Garcia v. Frances Iserson, as of Howard M. Iserson

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that an employee’s claim for malpractice by a physician employed by the employer and providing services on the employer’s premises is within the scope of the Workmen’s Compensation Law and therefore the exclusive remedy. The court dismissed the common‑law malpractice action because the injury arose out of and in the course of employment.