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MATTER OF WHEELER v. BLOOMING-DALES

511608.

93 A.D.3d 903 (2012)

940 N.Y.S.2d 186

2012 NY Slip Op 1529

In the Matter of DIANA WHEELER, Claimant, v. BLOOMING-DALES et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 1, 2012.

MALONE Jr., J.

In 1992, claimant was injured at work and a claim for workers' compensation benefits was established. Although the employer's workers' compensation carrier filed a notice of claim for reimbursement from the Special Disability Fund (see Workers' Compensation Law § 15 [8]), liability of the Fund was not established. With the consent of the carrier, claimant subsequently settled a personal injury action in which the employer had been impleaded...

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