Claim of Ortega v. New York State & Local Police & Fire Retirement

We respectfully dissent. There is a rational distinction for allowing reimbursement of benefits paid in injured-person situations and not for death benefits paid. The losses are different and their compensation under the Workers’ Compensation Law takes such divergence in type of damages into account.

Under the plain language of Workers’ Compensation Law § 33 entitled "Assignments; exemptions”, "[compensation or benefits due under [the Workers’ Compensation Law] shall not be assigned, released or commuted except as provided by [the Workers’ Compensation Law]”. This provision expresses a clear…