Empire State Transp. Workers' Comp. Trust v. Special Funds Conservation Comm.

• Decision Date: 25 February 2015
• Citation: 125 A.D.3d 967,2015 N.Y. Slip Op. 01635,5 N.Y.S.3d 193
• Parties: In the Matter of EMPIRE STATE TRANSPORTATION WORKERS' COMPENSATION TRUST, etc., appellant, v. SPECIAL FUNDS CONSERVATION COMMITTEE, respondent.
• Court: New York Supreme Court — Appellate Division

125 A.D.3d 967
5 N.Y.S.3d 193
2015 N.Y. Slip Op. 01635

In the Matter of EMPIRE STATE TRANSPORTATION WORKERS' COMPENSATION TRUST, etc., appellant
v.
SPECIAL FUNDS CONSERVATION COMMITTEE, respondent.

Supreme Court, Appellate Division, Second Department, New York.

Feb. 25, 2015.

5 N.Y.S.3d 194

Stewart, Greenblatt, Manning & Baez, Syosset, N.Y. (Lisa Levine of counsel), for appellant.

Steven M. Licht, Albany, N.Y. (Jill B. Singer of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, SYLVIA O. HINDS–RADIX, and JOSEPH J. MALTESE, JJ.

Opinion

125 A.D.3d 967

In a proceeding pursuant to Workers' Compensation Law § 29(5) for judicial approval of a settlement of a claimant's personal injury action nunc pro tunc, the petitioner appeals from an order of the Supreme Court, Nassau County (Woodard, J.), dated April 5, 2013, which denied the petition.

ORDERED that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

On March 22, 2007, the claimant, Licinio Marrero, sustained injuries when he was assaulted during the course of his employment with Dak Transportation. Marrero's claim for workers' compensation benefits was approved upon a determination that he sustained a permanent partial disability. Liability under Workers' Compensation Law § 15(8)(d) also was established. That statute entitles a workers' compensation insurance carrier or a self-insured employer to certain reimbursement from the Special Disability Fund established pursuant to Workers' Compensation Law § 15(8)(h).

Thereafter, Marrero commenced a personal injury action against the person who assaulted him and that person's employer. On or about November 3, 2011, the parties settled the personal injury action for $100,000. As required by Workers' Compensation Law § 29(5), Marrero obtained consent to the settlement from Dak Transportation's workers' compensation insurance carrier....