MATTER OF BETH V. v. NYS OCFS

No. 202.

22 N.Y.3d 80 (2013)

2013 NY Slip Op 7657

In the Matter of BETH V., Appellant, v. NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of New York.

Decided November 19, 2013.


Attorney(s) appearing for the Case

Buckley, Mendleson , Criscione & Quinn, PC, Albany ( James E. Buckley and Richard M. Goldman of counsel), for appellant.

State Insurance Fund, Albany ( Thomas A. Phillips and Michael Miliano of counsel), for New York State Office of Children and Family Services, respondent.

Steven M. Licht , Special Funds Conservation Committee, Albany ( Jill B. Singer of counsel), for Special Funds Conservation Committee, respondent.


OPINION OF THE COURT

READ, J.

This appeal asks us to decide whether a workers' compensation carrier can take a credit under section 29 (4) of the Workers' Compensation Law against the settlement proceeds of a civil rights lawsuit brought by a recipient of workers' compensation benefits against her employer and coemployees for injuries arising from the same incident. In light of the terms of the settlement in this...

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