Claim of Jarovic v. Icon Restoration & Contracting

Appeal from a decision of the Workers’ Compensation Board, filed February 1, 2011, which ruled that the employer’s workers’ compensation carrier was entitled to a full credit against claimant’s third-party settlement recovery.

The Workers’ Compensation Board’s decision in this claim, in which there was a significant third-party settlement, was rendered before our decision in Matter of Stenson v New York State Dept. of Transp. (84 AD3d 22 [2011]). Aspects of the Board’s decision are inconsistent with Stenson. The Board incorrectly indicated that it lacked authority to address the manner in…