Legal Opinion
Shutter v. Philips Display Components Co.
New York Court of Appeals
Decided November 20, 1997PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
This appeal presents the question whether a workers’ compensation insurance carrier may invoke Workers’ Compensation Law § 29 (4) to offset its future compensation payments to a claimant, who was disabled in a work-related auto ac cident, by the amount that the claimant recovered in uninsured motorist benefits under an insurance policy she purchased. We conclude that, under this State’s Workers’ Compensation Law, the carrier may only offset its future payments by amounts recovered in an action against a third-party tortfeasor, and thus that the credit is…
2Cases cited4 opinions
- Matter of JacobNew York Court of Appeals · 1995
- Claim of Johnson v. Buffalo & Erie County Private Industry CouncilNew York Court of Appeals · 1994
- Commissioners of State Insurance Fund v. MillerAppellate Division of the Supreme Court of the State of New York · 1957
- Hartford Accident & Indemnity Co. v. GlickmanCivil Court of the City of New York · 1975
3Cited by16 opinions
- Greenfield v. Cincinnati Insurance Co.Supreme Court of Iowa · 2007
- Northrop v. ThorsenAppellate Division of the Supreme Court of the State of New York · 2007
- Claim of Arena v. Crown Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Claim of Hiser v. Richmor Aviation, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Kirk v. Central Hudson Gas & Electric CoAppellate Division of the Supreme Court of the State of New York · 2008
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