Commissioners of the State Insurance Fund v. McCarthy

This is a motion and cross motion for summary judgment.

The action is to recover the balance of payment allegedly due under a lien created by section 227 of the Workmen’s Compensation Law and which lien attached to any sum received by the injured party in an independent action for the injuries received.

The defendant, McCarthy, received specific disability benefits from the plaintiff from April 30, 1959 through November 9, 1959 under a disability coverage of her employer pursuant to section 211 of the Workmen’s Compensation Law. The disability was allegedly caused by an automobile accident in…