Claim of McKay v. Town of West Seneca

Mahoney, J. (dissenting).

We respectfully dissent. The majority’s holding that the compensation carrier does not have a lien (Workmen’s Compensation Law, § 29) on the proceeds of the settlement effected between claimant and the third-party defendant, to the extent of moneys paid claimant for his medical expenses, is premised on a completely untenable assumption. Since the appeal is from a decision of the Workmen’s Compensation Board, which determined that claimant’s third-party action was settled without consent of the carrier and, therefore, no deficiency compensation is payable to claimant,…