Plaintiff is an insurance carrier that issued workers' compensation insurance to defendant Hoscoe's employer. Following an industrial accident, Hoscoe commenced a third-party action which was ultimately settled for $2,500. The plaintiff carrier commenced this action to recover sums advanced to Hoscoe for medical expenses and lost wages (Workers' Compensation Law, § 29). Defendants' answer, while admitting that plaintiff is entitled to a lien on the proceeds of the settlement...
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