Claim of McDowell v. La Voy

Appeal from a decision of the Workers’ Compensation Board, filed June 13, 1980, which disallowed an award of attorney’s fees. In March, 1972, claimant filed for death benefits pursuant to section 16 of the Workers’ Compensation Law. The claim was controverted. Claimant engaged an attorney to bring an action for wrongful death. He failed to timely sue and claimant thereafter recovered the sum of $75,000 in a malpractice action against the attorney. This case was settled without the carrier’s consent. It was subsequently determined that claimant was foreclosed from receiving any benefits under…