In the Matter of the Claim of Betty J. Petterson, as the Widow of Einar A. Petterson v. Daystrom Corp., Workmen's…

Summary

The New York Court of Appeals reversed the Appellate Division and held that the workmen's compensation carrier is entitled to a credit against future benefits for the net proceeds of the Connecticut wrongful‑death settlement, despite the statutory language referring to "another not in the same employ." The court also rejected the carrier's claim that the earlier federal court decision barred consideration of the credit issue on res judicata grounds.