MATTER OF MANNING v. NIAGARA MOHAWK POWER CORP.


119 A.D.2d 947 (1986)

In the Matter of the Claim of Robert T. Manning, Jr., Respondent, v. Niagara Mohawk Power Corporation et al., Appellants, and Special Fund for Reopened Cases, Respondent. Workers' Compensation Board, Respondent

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

April 24, 1986


Kane, J. P.

At issue on this appeal is whether it is the responsibility of the insurance carrier or the Special Fund for Reopened Cases to reimburse claimant for medical expenses incurred in excess of his net recovery in a third-party action following a compensable injury. The amounts are substantial as a result of claimant's continuing total disability since his injury in 1962.

The record demonstrates that subsequent to the closing of this case...

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