Claim of Morphew v. Aero Transporters, Inc.

Mercure, A.P.J.

Claimant sustained work-related injuries to his head and shoulders in March 2004 and was awarded workers’ compensation benefits. Thereafter, he commenced a third-party action, received a settlement offer of $725,000, and transmitted that proposal to the employer’s workers’ compensation carrier to request its consent. The carrier consented to the settlement, asserting a lien in the amount of $132,002.63 for compensation *1460payments already made.* Additionally, the carrier “specifically reserve [d] its rights to claim a credit and offset for the net amount of the settlement payable…