Matter of Stickle v. Westcott Garage

At any time before final payment to a claimant of a settlement agreed upon following a factual controversy between the carrier and claimant, the department may make such decision or order in the premises as in its judgment is just and proper including one disapproving payment of the unpaid balance of the settlement. (Workmen’s Compensation Law, § 123 [Cons. Laws, ch. 67]; Matter of Whitmyre v. International Business Machine Corp., 274 N. Y. 61.)

Matter of Miller (227 App. Div. 675, affd., 253 N. Y. 541) is not in conflict. There a widow obtained an award for the death of her husband and…