What is the effect of providing medical services provided by a private medical practice provider on a plaintiff's claim for wrongful death under the New York Workmen's Compensation Law?

"New York", United States of America

The following excerpt is from Golini v. Nachtigall, 343 N.E.2d 762, 38 N.Y.2d 745, 381 N.Y.S.2d 45 (N.Y. 1975):

The record reveals, without contradiction, that the medical services furnished decedent were provided as incidental to h employment and, under Garcia v. Iserson, 33 N.Y.2d 421, 353 N.Y.S.2d 955, 309 N.E.2d 420, the defense of exclusivity of remedy under the Workmen's Compensation Law, for injuries and wrongful death claimed to have been occasioned because of the negligence and malpractice of the coemployee defendant, was properly sustained. The mere fact that, here, some of the treatment performed by defendant was not on premises of the employing concern does not alter the relationship or constitute a distinction of relevance.

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