Claim of Vincent v. Geneva Pizza, Inc.

Appellate Division of the Supreme Court of New York

Claim of Vincent v. Geneva Pizza, Inc.

196 A.D.2d 917, 602 N.Y.S.2d 220, 1993 N.Y. App. Div. LEXIS 8711

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

DecidedSeptember 23, 1993

StatusPublished

Cited by5 cases

This text of 196 A.D.2d 917 (Claim of Vincent v. Geneva Pizza, 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 Vincent v. Geneva Pizza, Inc., 196 A.D.2d 917, 602 N.Y.S.2d 220, 1993 N.Y. App. Div. LEXIS 8711 (N.Y. Ct. App. 1993).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed January 28, 1992, which ruled that claimant’s failure to seek the consent of his employer’s workers’ compensation insurance carrier to settlement of a third-party action barred further awards.

There is support in the record for the finding of the Workers’ Compensation Board that the carrier’s challenge to the claim was based upon the theory that an employer/employee relationship does not exist. Such a challenge does not estop the carrier from raising the issue of the failure of claimant to obtain the consent of the carrier prior to the settlement of a third-party action as required by Workers’ Compensation Law § 29 (5) (see, Matter of Daly v Daly Constr. Corp., 136 AD2d 798, lv denied 72 NY2d 807). Given that claimant failed to timely seek such consent here, the Board’s finding that claimant is barred from further payments of compensation is affirmed.

Weiss, P. J., Mikoll, Yesawich Jr. and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Workers’ Compensation Board, filed January 28, 1992, which ruled that claimant’s failure to seek the consent of his employer’s workers’ compensation insurance carrier to settlement of a third-party action barred further awards.

There is support in the record for the finding of the Workers’ Compensation Board that the carrier’s challenge to the claim was based upon the theory that an employer/employee relationship does not exist. Such a challenge does not estop the carrier from raising the issue of the failure of claimant to obtain the consent of the carrier prior to the settlement of a third-party action as required by Workers’ Compensation Law § 29 (5) (see, Matter of Daly v Daly Constr. Corp., 136 AD2d 798, lv denied 72 NY2d 807). Given that claimant failed to timely seek such consent here, the Board’s finding that claimant is barred from further payments of compensation is affirmed.

Weiss, P. J., Mikoll, Yesawich Jr. and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

196 A.D.2d 917, 602 N.Y.S.2d 220, 1993 N.Y. App. Div. LEXIS 8711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-vincent-v-geneva-pizza-inc-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack