Matter of Hirschbeck v. Office of the Commissioner of Baseball, Major League Baseball

Appeal from a decision of the Workers’ Compensation Board, filed August 16, 2013, which ruled that the employer was entitled to offset its future compensation to claimant pursuant to Workers’ Compensation Law § 29 (4).

Claimant, a major league baseball umpire, sustained a work-related injury to his right hip in 2002 and was awarded workers’ compensation benefits. Claimant underwent hip replacement surgery and, following complications and additional surgeries, was deemed permanently partially disabled. Claimant commenced a third-party action alleging medical malpractice and products liability…