Claim of Williams v. Lloyd Gunther Elevator Service, Inc.

Stein, J.E

Appeal from a decision of the Workers’ Compensation Board, filed May 31, 2013, which ruled that the employer’s workers’ compensation carrier may not begin taking a credit against claimant’s net recovery from a third-party action until the date on which claimant received the recovery.

Claimant sustained compensable injuries to his right foot and back in the course of his employment in March 2003 and established a claim for workers’ compensation benefits. Subsequently, claimant commenced a third-party action and, thereafter, sought consent from the employer’s workers’ compensation…