MATTER OF BARBERIE v. HELMSLEY SPEAR COMPANY


51 A.D.3d 1289 (2008)

858 N.Y.S.2d 469

In the Matter of the Claim of JOSEPH BARBERIE, Claimant, v. HELMSLEY SPEAR COMPANY et al., Respondents, and SPECIAL FUND FOR REOPENED CASES, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 22, 2008.


Mercure, J.P.

In 1996, claimant was classified as having sustained a permanent, partial disability, which was apportioned 55% to a work-related 1992 injury and 45% to a 1989 claim. He was awarded compensation from August 1992 through January 1997. Claimant also pursued a third-party personal injury action, which resulted in a net settlement of $23,500 in August 1994. The workers' compensation carrier responsible for the 1992 injury took a credit for the third-party...

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