Claim of Warboys v. Kraft Foods Co.

Appeal from a decision and award of the Workmen’s Compensation Board. Claimant was injured in an automobile accident while driving his employer’s vehicle and instituted a third-party action against the owner of the other vehicle. The case was settled without the written permission of the Ideal Mutual Insurance Company as required by subdivision 5 of section 29 of the Workmen’s Compensation Law and the question presented on appeal is whether the carrier is estopped on this record from asserting the benefits of the statute. We think the board is right in holding the carrier is estopped. The…