Claim of Brisson v. County of Onondaga

Mercure, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed November 18, 2002, which ruled that the employer is not entitled to any offset of workers’ compensation benefits against the third-party settlement paid to claimant.

In 1998, claimant was struck by a vehicle while working and *977was awarded workers’ compensation benefits. In addition, claimant commenced a third-party action and received a $50,000 settlement. The employer, which is self-insured, gave its consent to the settlement but did not explicitly reserve the separate right to an offset against future benefits.…