Legal Opinion

Hilton v. Truss Systems, Inc.

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

Decided October 15, 1981PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Yesawich, Jr., J.

While working, claimant, a 23-year-old truck driver, fell from a railroad car injuring his spine with resultant paraplegia. He was classified permanently totally disabled by the Workers’ Compensation Board. Thereafter, claimant settled his third-party action arising out of this same occurrence for a net recovery to him of $185,422.05. As part of the settlement, the compensation carrier agreed to waive its lien on the recovery (Workers’ Compensation Law, § 29, subd 1). When the settlement stipulation was spread on the record, the carrier’s lien, as of that…

2Cases cited2 opinions

  1. Claim of Robinette v. Arnold Meyer Sign Co.Appellate Division of the Supreme Court of the State of New York · 1974
  2. Claim of Wasserman v. ChefAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by21 opinions

  1. Brisson v. County of OnondagaNew York Court of Appeals · 2006
  2. Claim of Hilton v. Truss Systems, Inc.New York Court of Appeals · 1982
  3. Claim of Parmelee v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Stenson v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2011
  5. Claim of Whitcomb v. Xerox Corp.Appellate Division of the Supreme Court of the State of New York · 1998

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