Claim of Esposito v. Petruzzi

Mercure, J. P.

(dissenting). We respectfully dissent. In our view, the Workers’ Compensation Board’s construction of the seemingly synonymous terms “party” and “party in interest” to include only the employer, its carrier, an appropriate special fund, the claimant or a legal representative of any of them (see, Minkowitz, Practice Commentaries, McKinney’s Cons Laws of NY, Book 64, Workers’ Compensation Law § 22, at 262) is by no means irrational. We would therefore affirm the Board’s decision that pursuant to Workers’ Compensation Law § 23, claimant’s no-fault carrier lacks standing to seek…