Ace Fire Underwriters Insurance v. Special Funds Conservation Committee

Order, Supreme Court, New York County (Debra A. James, J.), entered December 17, 2013, which denied the petition for an order directing respondent to consent nunc pro tunc to settlement of the underlying personal injury action, unanimously affirmed, without costs.

Workers’ Compensation Law § 29 (5) permits an employee to settle a lawsuit arising out of the same accident as gave rise to his workers’ compensation claim for less than the amount of the compensation he has received only if the employee has obtained written consent to the settlement from the carrier or, in the alternative, judicial…