Legal Opinion
Dietrick v. Kemper Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1989PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Green, J.
In this declaratory judgment action, we hold that a workers’ compensation insurance carrier has a valid lien on the settlement proceeds of a third-party action for sums it paid to the plaintiff-claimant for permanent partial disability (including schedule loss awards) and significant facial disfigurement, since such payments do not constitute first-party benefits. The facts are not in dispute and may be stated briefly.
Plaintiff was injured in an automobile accident when her car was struck by a car owned and operated by Frank Cernohorsky. The accident occurred…
2Cases cited4 opinions
- Matter of Marhoffer v. . MarhofferNew York Court of Appeals · 1917
- Fox v. Atlantic Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Claim of Fellner v. Country Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Kupiec v. ChristensenNew York Supreme Court · 1983
3Cited by3 opinions
- Claim of Johnson v. Buffalo & Erie County Private Industry CouncilNew York Court of Appeals · 1994
- Dietrick v. Kemper InsuranceNew York Court of Appeals · 1990
- Layman v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 1990