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BRISSON v. COUNTY OF ONONDAGA

6 N.Y.3d 273 (2006)

844 N.E.2d 766

811 N.Y.S.2d 312

In the Matter of ALAN J. BRISSON, Respondent, v. COUNTY OF ONONDAGA, Appellant, et al., Respondent. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided February 16, 2006.

Attorney(s) appearing for the Case

Wolff, Goodrich & Goldman, LLP, Syracuse (George R. Wolff of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Jennifer Grace Miller, Caitlin J. Halligan and Daniel Smirlock of counsel), for Workers' Compensation Board, respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur with Judge READ; Judge R.S. SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

READ, J.

We hold that a self-insured employer or workers' compensation carrier must preserve its right to any offset expressly and unambiguously when consenting to settlement of a third-party action, regardless of whether there is an existing lien against the claimant's recovery. We further conclude that substantial evidence supports the Workers' Compensation Board's finding that the self...

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