Claim of Sidorovski v. New Venture Gear
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
In 1986, claimant sustained work-related injuries. In 1992, during the pendency of her workers’ compensation claim, she settled a third-party action from which she received $82,790 in net proceeds. Pursuant to a stipulation between claimant and her self-insured employer, she was subsequently found to have suffered a permanent partial disability and received a $42,390 schedule loss of use award. By decision dated December 27, 1993, her case was marked “closed.” Notably, at this juncture, there was no deficiency between the benefits then awarded and *1097the third-party settlement because the total…
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