HILTON v. TRUSS SYS.


82 A.D.2d 711 (1981)

In the Matter of the Claim of Gerald A. Hilton, Appellant, v. Truss Systems, Inc., et al., Respondents; Workers' Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 15, 1981


Attorney(s) appearing for the Case

Oot & Fallon (John S. Hogg of counsel), for appellant.

McDonough, Digby & Connelly (Samuel B. Vavonese of counsel), for Truss Systems, Inc., and another, respondents.

MAHONEY, P. J., MAIN, MIKOLL and WEISS, JJ., concur.


YESAWICH, JR., J.

While working, claimant, a 23-year-old truck driver, fell from a railroad car injuring his spine with resultant paraplegia. He was classified permanently totally disabled by the Workers' Compensation Board. Thereafter, claimant settled his third-party action arising out of this same occurrence for a net recovery to him of $185,422.05. As part of the settlement, the compensation carrier agreed to waive its lien on the recovery (Workers...

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