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MTR FELLNER v. COUNTRY WIDE

95 A.D.2d 106 (1983)

In the Matter of the Claim of George Fellner, Respondent, v. Country Wide Insurance et al., Appellants. Workers' Compensation Board, Respondent

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

July 28, 1983

Attorney(s) appearing for the Case

Raymond C. Green (William L. Weinstock, Leonard M. Schnitzer and James S. Fiedler of counsel), for appellants.

Robert Abrams, Attorney-General (Morris N. Lissauer and Carlin Meyer of counsel), for Workers' Compensation Board, respondent.

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

CASEY, J.

The State Insurance Fund is entitled to offset claimant's net recovery from the tort-feasor against the future payment of compensation benefits that represent earnings lost more than three years after the date of the accident.

Claimant was injured in a work-related automobile accident on December 8, 1978. As a result of his claim for workers' compensation benefits, claimant was awarded benefits...

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