Phillips v. Agway, Inc.

On October 17, 1971 the plaintiff sustained injuries during the course of his employment. He received workmen’s compensation benefits in the amount of $15,238.63. Mr. Phillips sustained his injuries as a result of the negligence of third parties, and he brought suit in the Supreme Court against such parties. He was successful and the amount of his recovery is sufficient to repay the State Insurance Fund in full the moneys which such fund, as compensation carrier for plaintiff’s employer, paid him. The compensation carrier wants full reimbursement, and alleges that it has, under the law, a…