Legal Opinion
Claim of Fellner v. Country Wide Insurance
Appellate Division of the Supreme Court of the State of New York
Decided July 28, 1983PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
The State Insurance Fund is entitled to offset claimant’s net recovery from the tort-feasor against the future payment of compensation benefits that represent earnings lost more than three years after the date of the accident.
*107Claimant was injured in a work-related automobile accident on December 8, 1978. As a result of his claim for workers’ compensation benefits, claimant was awarded benefits at the total disability rate of $180 per week for the period December 12,1978 to December 31,1978 and thereafter at a reduced earnings rate of $60 per week. He was…
2Cases cited3 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Vinson v. BerkowitzAppellate Division of the Supreme Court of the State of New York · 1981
- Venner v. GrimmAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by13 opinions
- Claim of Johnson v. Buffalo & Erie County Private Industry CouncilNew York Court of Appeals · 1994
- Johnston v. ColvinAppellate Division of the Supreme Court of the State of New York · 1988
- Brisson v. County of OnondagaNew York Court of Appeals · 2006
- Claim of Simmons v. St. Lawrence County CDP, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Claim of Figelman v. GoldfarbAppellate Division of the Supreme Court of the State of New York · 1999
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