Claim of Lafferty v. JBA National, Inc.

Appellate Division of the Supreme Court of New York

Claim of Lafferty v. JBA National, Inc.

198 A.D.2d 695, 605 N.Y.S.2d 964, 1993 N.Y. App. Div. LEXIS 10814

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 695 (Claim of Lafferty v. JBA National, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Lafferty v. JBA National, Inc., 198 A.D.2d 695, 605 N.Y.S.2d 964, 1993 N.Y. App. Div. LEXIS 10814 (N.Y. Ct. App. 1993).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed May 6, 1992.

The Board found that claimant was a dependent of decedent, Daniel Lafferty, and awarded benefits. The employer and carrier appeal from a later decision of the Board which refused to withhold payment of the award pending the litigation of issues concerning the settlement of a third-party lawsuit and determination of deficiency compensation. In our view, the appeal must be dismissed as premature because the amount of actual credit which is to be allowed against claimant’s benefits from the recovery in a third-party action is a question of fact which the Board has yet to resolve.

Crew III, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the appeal is dismissed, without costs.

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Appeal from a decision of the Workers’ Compensation Board, filed May 6, 1992.

The Board found that claimant was a dependent of decedent, Daniel Lafferty, and awarded benefits. The employer and carrier appeal from a later decision of the Board which refused to withhold payment of the award pending the litigation of issues concerning the settlement of a third-party lawsuit and determination of deficiency compensation. In our view, the appeal must be dismissed as premature because the amount of actual credit which is to be allowed against claimant’s benefits from the recovery in a third-party action is a question of fact which the Board has yet to resolve.

Crew III, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the appeal is dismissed, without costs.

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Bluebook (online)

198 A.D.2d 695, 605 N.Y.S.2d 964, 1993 N.Y. App. Div. LEXIS 10814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-lafferty-v-jba-national-inc-nyappdiv-1993.