305 N.Y. 209 | NY | 1953
Lead Opinion
At the time these actions were commenced, each plaintiff was, and had been for several years, employed by defendant at one of its manufacturing plants. The complaints
Each suit was made the subject of a motion by defendant to dismiss under rules 106 and 107 of the Buies of Civil Practice on these grounds: first, that certain parts of the various causes of action were barred by lapse of time; second, that none of the alleged counts in either complaint contained facts sufficient to constitute a cause of action; and, third, that the court has no jurisdiction of any of the causes of action sought to be pleaded. The motions were granted. We agree with the holdings of the courts below that the provisions of the Workmen’s Compensation Law are a complete bar to the maintenance of any of the causes of action in these two complaints, and so it will not be necessary herein to deal with the questions as to the Statute of Limitations.
It is conceded that the employments at which all these plaintiffs worked are included among those “ Hazardous employments ” set forth in section 3 of the act, as to which workmen’s compensation is payable for injuries or death, and that defendant has. provided for payment of such compensation to its employees. It is conceded, too, that silicosis and other dust diseases are on the list of occupational ailments for which compensation is payable under subdivision 2 of section 3 of the act. But, as the complaints themselves point out, the act specifically
What plaintiffs are really arguing here is that the Workmen’s Compensation Law is unconstitutional in that it purports to leave without any remedy employees partially disabled from silicosis. As we remarked in Scherini v. Titanium Alloy Co. (286 N. Y. 531, 537), that contention, even if correct, would not authorize a common-law suit since it would merely mean that partially disabled claimants would be thrown back onto the 1935 statute which authorized workmen’s compensation for both partial and total disability from silicosis. However, our statement to that effect in Scherini (supra) was, in a sense, “ dictum ”, and none of our subsequent opinions has contained a flat answer to the question here presented: Is restricting workmen’s compensation benefits to totally disabled silicosis sufferers only, constitutional? We now hold expressly what is implicit in our Scherini opinion, and was flatly held by other courts in 1938 in delBusto v. DuPont deNemours & Co. (167 Misc. 920, affd. 259 App. Div. 1070, motion for leave to appeal denied 284 N. Y. 817), that is, that the Legislature acted within its powers in producing that result. In 1934, in Barrencotto v. Crocher Saw Co. (266 N. Y. 139), this court held that silicosis was not one of the occupational diseases dealt with in the Workmen’s Compensation Law and that, accordingly, common-law actions for disabilities due to silicosis were not barred. The next year, as we have pointed out above, the Legislature supplied this omission by extending workmen’s compensation coverage to “ all occupational diseases ”, and, in 1936, it created a new limitation by denying compensation awards for partial silicosis disabilities. Whatever be the wisdom or justice of such a limitation, its constitutionality is clear. It is of the essence of workmen’s compensation that the benefits therein provided as to any accidental injury or occupational disease are exclusive, and that, once the Legislature has specified those benefits, no damages or remedies against the employer are available elsewhere (see New York Central R. R. Co. v. Whiter 243 U. S. 188; Matter of Jensen v.
No different legal result is brought about by the inclusion in these complaints of accusations that the wrongs complained of were violations of express provisions of the State Labor Law (see §§ 200 and 299 thereof). For the reasons set forth in other parts of this opinion, it must be held that, for the contraction of silicosis, arising out of and in the course of employment, the sufferer’s only recourse is that described in the Workmen’s Compensation Law.
The judgments should be affirmed, with costs.
Dissenting Opinion
(dissenting). A number of employees of defendant commenced these actions at law against their employer to recover damages for injuries which they allege have been caused by a violation of the defendant’s common-law duty to furnish to them a safe place in which to work as rewritten and enlarged by the statutory duties imposed by sections 200 and 299 of the Labor Law. Such common-law duty had been imposed upon an employer since we became a nation in 1776 and adopted the common law of England both in our nation and in our State. Subsequently our Legislature from time to time has substituted increased statutory obligations which made the original common-law duty more stringent and onerous. (See, e.g., L. 1897, ch. 415, § 86, under which the owner, agent or lessee of a factory was required to ventilate properly and sufficiently each workroom; L. 1909, ch. 36, § 86, as amd., requiring one such as defendant here who operates a factory to provide suction devices and exhaust fans to remove dust, gases, fumes, vapors, fibers and other impurities as may be generated or released in the course of the business carried on in such a factory.) From time to time our Legislature has amended such statutes for workers, the latest amendment to section 299 of the Labor Law having been enacted in 1941.
Labor Law (§ 299), insofar as applicable, reads as follows: ‘ ‘ Ventilation, heating and humidity. 1. Every work room in a factory shall be provided with proper and sufficient means of ventilation, natural or mechanical or both, as may be necessary, and there shall be maintained therein proper and sufficient ventilation and proper degrees of temperature and humidity at all times during the working hours. If owing to the nature of the manufacturing process carried on in the factory work room excessive heat be created therein, there shall be provided, maintained and operated such special means or appliances as may be required to reduce such excessive heat.
“ 2. All machinery creating dust or impurities in quantities tending to injure the health of employees shall be equipped with proper hoods and pipes connected to an exhaust fan of sufficient capacity and power to remove such dusts or impurities; such fan shall be kept running constantly while such machinery is in use. If the board decides that such apparatus is unnecessary ¡ for the health and welfare of the employees, or that other means of protection may be provided to safeguard the health and welfare of the employees against such injurious dusts or impurities, it may adopt rules excepting such machinery from the operation of this subdivision, or prescribing such requirements as will effectuate the intent of this subdivision.
“3. If dust, gases, fumes, vapors, fibers or other impurities are generated or released in the course of the business carried on in any workroom of a factory, in quantities tending to injure the health of the employees, suction devices shall be provided which shall remove such impurities from the workroom, at their point of. origin where practicable, by means of proper hoods connected to conduits and exhaust fans. Such fans shall be kept running constantly while the impurities are being generated or released.” (See, also, Employers’ Liability Law, §§ 2, 4.)
The plaintiffs then allege that by reason of the failure of defendant to comply with the quoted sections of the Labor Law, dust, gases, fumes, vapors, fibers and other impurities have been released in the workrooms of defendant’s factory and excessive heat has been created therein; that such dust, gases, etc., have been concentrated in the air of the workrooms and have created a danger to the lives, health and safety of plaintiffs ; that the excessive heat created in the workrooms has also constituted such danger; that plaintiffs have as a result inhaled large amounts of dust, gases, fumes, vapors, fibers and other impurities and as a result they have lodged in the lungs of plaintiffs and have created a condition known as silicosis, pneumonoconiosis or chalitis; that as a result the life expectancies of plaintiffs have been lessened, their resistance to numerous diseases have been wholly or partially destroyed and that they have been required to undergo extensive medical treatment and will require further treatment and hospitalization.
It thus appears that, for the purpose of these motions made as to each of the complaints, the allegations therein must be taken to be true.
The motions so made were granted upon the theory that whatever injuries the plaintiffs had suffered were compensable, if at all, only under the Workmen’s Compensation Law regardless of the fact that the defendant had failed to comply with the command of our Legislature that workmen be protected by definite mechanical means so as to avoid the injuries from which plaintiffs are suffering. The Workmen’s Compensation Law was primarily adopted in order to provide payment of compensation to those who were injured by accident or through occupational disease while employed although the employer was without common-law or statutory fault. This court has never held that an employer may disregard or violate the provisions of our Labor Law with impunity and be subject only to the penalty of paying workmen’s compensation for his wrongdoing. That would be to license the violation of statutes designed to protect workmen and to set at naught the legislative will.
There are other allegations in the complaint which were added so as to raise constitutional questions under both our State and Federal Constitutions. The complaints specify New York Constitution (art. I, §§ 6, 11, 18) and the Fourteenth Amendment to the United States Constitution. Such allegations are to the effect that no remedy under the Workmen’s Compensation Law has been given the plaintiffs because, although injured by their employer’s disregard and violation of our Labor Law sections enacted for their specific protection, they are not totally disabled and that it is only for total disablement through the
We agree with the decision below insofar as it relates to the applicability of the Statute of Limitations.
The judgment of the Appellate Division, insofar as it affirmed the dismissal of such parts of the causes of action as are based upon liability accruing prior to March 22, 1944, should be affirmed. The judgment appealed from should otherwise be reversed and the motions to dismiss the complaints be denied, with costs in all courts.
Loughran, Ch. J., Dye, Field and Froessel, JJ., concur with Desmond, J.; Conway, J., dissents in opinion in which Lewis, J., concurs.
Judgments affirmed.