DIETRICK v. KEMPER INS. CO.


145 A.D.2d 8 (1989)

Mertye P. Dietrick, Respondent, v. Kemper Insurance Company (American Motorists Insurance Company), Appellant

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

February 3, 1989


Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (Mark Wheeler of counsel), for appellant.

Ziff, Weiermiller & Hayden (James Levins, III, of counsel), for respondent.

DILLON, P. J., DOERR, BOOMER and PINE, JJ., concur.


GREEN, J.

In this declaratory judgment action, we hold that a workers' compensation insurance carrier has a valid lien on the settlement proceeds of a third-party action for sums it paid to the plaintiff-claimant for permanent partial disability (including schedule loss awards) and significant facial disfigurement, since such payments do not constitute first-party benefits. The facts are not in dispute and may...

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