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MATTER OF NASTA v. DIC CONCRETE CORP.

54 A.D.2d 1004 (1976)

In the Matter of the Claim of Michael Nasta, Appellant, v. Dic Concrete Corp. et al., Respondents. Workmen's Compensation Board, Respondent

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

November 4, 1976

The board held that the third-party action arising out of claimant's accident was settled without the consent of the Workmen's Compensation carrier. The board based its decision on its findings that the question of implied consent is not applicable under the facts here; that claimant's attorney in the third-party negligence action stipulated to the fact that he knew that the compensation carrier was not consenting to the settlement...

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