Safi v. New York City Department of Employment

Appeal from a decision of the Workers’ Compensation Board, filed November 22, 2006, which ruled that the dismissal of claimant’s third-party action was involuntary and did not bar him from receiving workers’ compensation benefits.

Claimant was awarded workers’ compensation benefits after *1108he suffered a permanent partial disability resulting from a work-related injury in 1995. Claimant also commenced a third-party action related to his injury. In 2003, the third-party action was dismissed on default, pursuant to the defendant’s unopposed motion to dismiss. Thereafter, the self-insured employer…