Petitioner failed to obtain respondent workers' compensation carrier's consent prior to the settlement of a third-party action, or to obtain judicial approval within three months of the settlement as required by Workers' Compensation Law § 29 (5). Approval may be granted after the three-month period, and an order issued nunc pro tunc, only if the delay was not the result of petitioner's neglect or fault and the carrier was not prejudiced (Merrill v Moultrie, ...
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