Claim of Hilton v. Truss Systems, Inc.

Cross appeals from an amended decision of the Workers’ Compensation Board, filed May 14, 1986.

When this claim was previously before the court, we determined that the employer’s workers’ compensation carrier was not entitled to offset future compensation benefits against the net proceeds of claimant’s third-party personal injury action settlement (82 AD2d 711). The Court of Appeals affirmed this ruling (56 NY2d 877). On this appeal, two further issues have developed, (1) whether the carrier was properly held liable for a penalty due to the late payment of compensation pursuant to Workers’…