Legal Opinion
Brisson v. County of Onondaga
New York Court of Appeals
Decided February 16, 2006PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
We hold that a self-insured employer or workers’ compensation carrier must preserve its right to any offset expressly and unambiguously when consenting to settlement of a third-party action, regardless of whether there is an existing lien against the claimant’s recovery. We further conclude that substantial evidence supports the Workers’ Compensation Board’s finding that the self-insured employer in this case did not do so.
I
On November 4, 1998, claimant Alan J. Brisson, who worked in Onondaga County’s Department of Transportation, was injured when struck from…
2Cases cited8 opinions
- Claim of Johnson v. Buffalo & Erie County Private Industry CouncilNew York Court of Appeals · 1994
- MATTER OF GATES v. McBRIDE TRANSP., INC.New York Court of Appeals · 1983
- Hilton v. Truss Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Claim of Pfeffer v. Parkside Caterers, Inc.New York Court of Appeals · 1977
- Claim of Hilton v. Truss Systems, Inc.New York Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Claim of Amacio v. Tully ConstructionAppellate Division of the Supreme Court of the State of New York · 2011
- Stenson v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2011
- Medina v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2011
- Claim of Kusy v. South Orangetown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
- Richter v. Ramistain SystemsAppellate Division of the Supreme Court of the State of New York · 2008
17 more not listed; retrieve them via the Exa API.