New York Court of Appeals
In the Matter of the Claim of Roosevelt T. Johnson v. Buffalo & Erie County Private Industry Council, Workers'…
June 21, 199484 N.Y.2d 13
Summary
The New York Court of Appeals held that workers' compensation benefits paid beyond three years are not "basic economic loss" and therefore are not exempt from a carrier's Workers' Compensation Law §29 lien, and that a claimant must obtain the carrier's consent before settling a third‑party action if benefits are to continue. The Court reversed the Appellate Division and reinstated the Workers' Compensation Board's decision.