Legal Opinion

Claim of Rhodes v. Lakeview Fire District

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1967PublishedCited by 2 opinions

1Opinion of the CourtAulisi, J.

Appeal from a decision of the Workmen’s Compensation Board which found a third-party action was settled without carrier’s consent (Workmen's Compensation Law, § 29, subd. 5) and which cut off a biweekly award to claimant. Claimant’s husband was a volunteer fireman. He was struck by a car causing injuries which proved fatal and claimant was awarded compensation as his surviving widow. Her attorney commenced a negligence action against the driver of the car and this was settled for $7,500. Claimant alleges that she thought the funds were being used to satisfy the lien of the carrier, the State…

2Cited by2 opinions

  1. Kusiak v. Commercial Union Assurance CompaniesAppellate Division of the Supreme Court of the State of New York · 1975
  2. Claim of King v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987

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