Claim of Lotito v. Salt City Playhouse

OPINION OF THE COURT

Herlihy, J.

The appellant became liable to the claimant for first-party benefits under the no-fault provision of the Insurance Law for personal injuries sustained by him while a passenger in an automobile accident occurring on October 21, 1975. The appellant maintains that since workers’ compensation benefits are offset against its liability pursuant to subdivision 2 of section 671 of the Insurance Law, it has a right to intervene and participate in workers’ compensation proceedings on behalf of claimant.

The sole issue on this appeal is whether or not the board erred, as a…