Matter of Pickering v. Car Win Construction, Inc.

McCarthy, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed May 7, 2014, which, among other things, disallowed an award of counsel fees.

Claimant suffered work-related injuries and was awarded workers’ compensation benefits. He thereafter requested consent from the employer’s workers’ compensation carrier to settle a third-party claim. The carrier and claimant entered into a settlement agreement pursuant to Workers’ Compensation Law § 32, whereby the carrier agreed to waive a recoverable lien of $527,252.42 for past benefits against the proceeds of the third-party action and…