ACE FIRE UNDERWRITERS INS. CO. v. SPECIAL FUNDS CONSERVATION COMM.

14310, 154920/13.

125 A.D.3d 546 (2015)

ACE FIRE UNDERWRITERS INSURANCE COMPANY, Appellant, v. SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent.

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

Decided February 24, 2015.


Workers' Compensation Law § 29 (5) permits an employee to settle a lawsuit arising out of the same accident as gave rise to his workers' compensation claim for less than the amount of the compensation he has received only if the employee has obtained written consent to the settlement from the carrier or, in the alternative, judicial approval. We find that, just as the employee is required to obtain the carrier's consent prior to settlement, the carrier is required to...

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