Legal Opinion
Beth V. v. New York State Office of Children & Family Services
New York Court of Appeals
Decided November 19, 2013PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
This appeal asks us to decide whether a workers’ compensation carrier can take a credit under section 29 (4) of the Workers’ Compensation Law against the settlement proceeds of a civil rights lawsuit brought by a recipient of workers’ compensation benefits against her employer and coemployees for injuries *83arising from the same incident. In light of the terms of the settlement in this case, we conclude that the carrier is entitled to offset the full amount of the settlement proceeds.
L
In late 2004, claimant Beth V. was employed at the Cass Residential Center, a…
2Cases cited6 opinions
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
- Dietrick v. Kemper InsuranceNew York Court of Appeals · 1990
- Hanford v. Plaza Packaging Corp.New York Court of Appeals · 2004
- Claim of Simmons v. St. Lawrence County CDP, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Claim of Parmelee v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1990
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3Cited by5 opinions
- Matter of Rensselaer County Sheriff's Department v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2015
- Ronkese v. Tilcon New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Shiner v. SUNY at BuffaloAppellate Division of the Supreme Court of the State of New York · 2016
- Carcione v. Essex Homes of WNY, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Commissioners v. GarciaNew York Supreme Court · 2015