MATTER OF LAFFERTY v. JBA NAT'L, INC.


198 A.D.2d 695 (1993)

605 N.Y.S.2d 964

In the Matter of the Claim of Martin Lafferty, Respondent, v. JBA National, Inc. et al., Appellants. Workers' Compensation Board, Respondent

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

November 18, 1993


The Board found that claimant was a dependent of decedent, Daniel Lafferty, and awarded benefits. The employer and carrier appeal from a later decision of the Board which refused to withhold payment of the award pending the litigation of issues concerning the settlement of a third-party lawsuit and determination of deficiency compensation. In our view, the appeal must be dismissed as premature because the amount of actual credit which is to be allowed against claimant's benefits...

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