McDowell v. La Voy

Respondent Workmen’s Compensation Board moves to dismiss appeals of three alleged employers and their carriers. The board’s decision overrules a referee’s decision which held that a malpractice action against an attorney who failed to commence a timely wrongful death action was in fact a third-party action within the meaning of section 29 of the Workmen’s Compensation Law, the settlement of which could be effected only with the consent of appellants. In reversing, the board held that the settlement was not a recovery in an action against a third party responsible for the injury suffered by…