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SIMMONS v. ST. LAWRENCE CDP.

147 A.D.2d 323 (1989)

In the Matter of the Claim of Timothy A. Simmons, Appellant, v. St. Lawrence County Cdp, Inc., et al., Respondents Workers' Compensation Board, Respondent

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

June 22, 1989

Attorney(s) appearing for the Case

Preston C. Carlisle, P. C., for appellant.

Raymond C. Green (William L. Weinstock of counsel), for State Insurance Fund, respondent.

MAHONEY, P. J., YESAWICH, JR., LEVINE and MERCURE, JJ., concur.

CASEY, J.

In Matter of Fellner v Country Wide Ins. (95 A.D.2d 106), we held that, pursuant to the provisions of Workers' Compensation Law § 29, a workers' compensation insurance carrier is entitled to offset a claimant's net recovery from a third-party tort-feasor against the future payment of compensation benefits that represented earnings lost more than three...

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