Claim of Simmons v. St. Lawrence County CDP, Inc.

OPINION OF THE COURT

Casey, J.

In Matter of Fellner v Country Wide Ins. (95 AD2d 106), we held that, pursuant to the provisions of Workers’ Compensation Law § 29, a workers’ compensation insurance carrier is entitled to offset a claimant’s net recovery from a third-party tort-feasor against the future payment of compensation benefits that represented earnings lost more than three years after the date of the accident. Our holding in Fellner is based upon the remedial legislation contained in Workers’ Compensation Law § 29 (1-a), which the Legislature enacted in response to the Court of Appeals…