Appellants contend that the award is barred by circumstances arising upon claimant's failure to commence a third-party action within the time limited therefor by the CPLR. In a letter to the carrier, claimant's attorneys stated that they had been retained by claimant to prosecute a third-party action and that claimant did "not intend to prosecute a claim for compensation benefits", whereupon the board closed the case "pending outcome of...
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