MATTER OF CATAPANO v. JOW, INC.

512770.

91 A.D.3d 1018 (2012)

935 N.Y.S.2d 920

2012 NY Slip Op 85

In the Matter of CHARLES A. CATAPANO, Respondent, v. JOW, INC., et al., Appellants, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 5, 2012.


MALONE Jr., J.

Claimant was injured at work and a workers' compensation claim was established. Liability of the Special Disability Fund pursuant to Workers' Compensation Law § 15 (8) (d) was thereafter established. Claimant settled a third-party personal injury action arising out of the accident with the consent of the employer's workers' compensation carrier. However, the consent of the Fund to the settlement was not obtained. As a result, the Fund refused to...

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