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MATTER OF VINCENT v. GENEVA PIZZA, INC.

196 A.D.2d 917 (1993)

602 N.Y.S.2d 220

In the Matter of the Claim of John H. Vincent, Appellant, v. Geneva Pizza, Inc., Doing Business as Pudgies Pizzas, et al., Respondents. Workers' Compensation Board, Respondent

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

September 23, 1993

There is support in the record for the finding of the Workers' Compensation Board that the carrier's challenge to the claim was based upon the theory that an employer/employee relationship does not exist. Such a challenge does not estop the carrier from raising the issue of the failure of claimant to obtain the consent of the carrier prior to the settlement of a third-party action as required by Workers' Compensation Law § 29 (5) (see, Matter of Daly v Daly...

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