Fuller v. E & M Freight Handlers, Inc.

OPINION OF THE COURT

John S. Lockman, J.

Motion by plaintiff for an order pursuant to section 29 of. the Workers’ Compensation Law granting plaintiff leave to settle a tort action nunc pro tunc is disposed of in the following manner.

On February 22,1980 plaintiff was injured when during the course of his employment and while delivering freight to defendant White Rose Food Corporation, a hydraulic pallet jack allegedly made contact with his ankle causing a fracture. Defendant commenced the above-entitled tort action and also claimed workers’ compensation benefits. While there has been an award of…