Claim of Vincent v. Geneva Pizza, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed January 28, 1992, which ruled that claimant’s failure to seek the consent of his employer’s workers’ compensation insurance carrier to settlement of a third-party action barred further awards.

There is support in the record for the finding of the Workers’ Compensation Board that the carrier’s challenge to the claim was based upon the theory that an employer/employee relationship does not exist. Such a challenge does not estop the carrier from raising the issue of the failure of claimant to obtain the consent of the carrier prior…